The Delhi High Court Today (Dec 19) orally observed that popular restaurant chain Wow Momo cannot claim a monopoly on using the word “Wow” in the restaurant sector Justice Amit Bansal made the observation while hearing Wow! Momo’s plea to halt Hong Kong-based Wow Burger from commencing operations in India. The judge noted that the word ‘Wow’ is very commonly used in the restaurant space and could be too generic to be monopolized. He also expressed reservations about injuncting a global chain from using its trade name.
Thank you for reading this post, don't forget to subscribe!NEW DELHI: The Delhi High Court observed that the well-known restaurant chain, Wow! Momo, cannot claim exclusive rights to the word “Wow” in the restaurant industry.
During a hearing today, Justice Amit Bansal commented that “Wow” is a commonly used term in the restaurant business and may be too generic to monopolize.
The observation came during Wow! Momo’s plea to stop Hong Kong-based Wow Burger from entering the Indian market.
Wow! Momo argued that allowing Wow Burger to operate in India could cause confusion among customers.
Advocate Ankur Sangal, representing Wow! Momo, stated-
“Wow Burger was not an international chain but was established in Hong Kong only recently.”
He further emphasized that Wow! Momo sells burgers under the name “Wow Burger” and claimed the new entrant might mislead consumers.
The Court, however, refrained from issuing an interim order to block Wow Burger’s entry, emphasizing the need to hear both sides.
The case has been scheduled for further consideration in January 2025 after seeking a response from Wow Burger.
This is not the first time Wow! Momo has engaged in legal disputes over its trademark.
- Last Week: The Delhi High Court restrained a Gurgaon-based restaurant named ‘Wow! Delicious’ from using a name similar to Wow! Momo. The Court observed that there was a strong case in favor of Wow! Momo, and an injunction was necessary to prevent consumer confusion.
- March 2024: The Court temporarily barred Wow Punjabi, a multi-cuisine restaurant chain, from using a mark resembling Wow! Momo’s trademark.
- August 2023: Wow! Momo was restricted from using the name ‘Wow! China Bistro’ following a legal dispute with China Bistro over trademark infringement.
- Current Case: Wow! Momo is also in a legal battle with Wow Calcutta.
Wow! Momo, a famous Indian fast-food chain, began its journey in Kolkata in 2008. The brand has rapidly grown and now operates over 600 outlets across Indian cities. Known for their momos, the restaurant serves a wide range of steamed and fried dumplings filled with ingredients like vegetables, chicken, and mutton.
Wow Burger, a Hong Kong-based chain, announced its entry into the Indian market earlier this month. In December 2024, FranGlobal, the international business division of Franchise India, revealed its partnership with Wow Burger. The chain plans to introduce high-protein vegetarian fast food to Indian consumers.
According to reports, the initial expansion will focus on major cities like Mumbai, Delhi NCR, Bangalore, and Hyderabad. Within five years, Wow Burger aims to establish over 100 outlets across tier 1 and tier 2 cities in India.
The battle over the word “Wow” highlights the challenges brands face in protecting their identity while operating in competitive markets.
As the Delhi High Court continues to deliberate, the decision could set an important precedent for trademark disputes in the restaurant industry.
CASE TITLE:
Wow Momo v. Wow Burger.
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