Delhi High Court Declines Interim Injunction To 'WOW MOMO' In Trademark Infringement Suit Against 'WOW BURGER'

The Delhi High Court has refused to grant interim injunction in favour of “WOW MOMO”, an Indian quick-service restaurant chain, in its trademark infringement suit filed against a Hong Kong-based company “WOW BURGER.”

Justice Manmeet Pritam Singh Arora said that Wow Momo was trying to appropriate or monopolise the use of the dictionary word 'WOW', which cannot be allowed, considering the common nature of the word.

“Therefore, in the overall conspectus, the Plaintiff has not been able to make out a prima facie case in its favour for grant of injunction. There is no balance of convenience in its favour and therefore, there is no question of injury,” the Court said while dismissing Wow Momo's application seeking an interim injunction.

Wow Momo sought to restrain Wow Burger from using the mark 'WOW' or 'WOW! BURGER.' It was claimed that 'WOW!' is the essential feature of the trademark of Wow Momo which was copied by Wow Burger.

At the outset, the Court noted that no registration details were placed on record, which could show that Wow Momo had the trademark registration for the mark 'WOW!' or 'WOW! BURGER'.

It said that the record relied upon by Wow Momo was wholly deficient in the use of the mark 'WOW BURGER' as a trademark or brand.

The judge further observed that Wow Momo cannot assert exclusive rights over the expression “WOW”, as it falls squarely within statutory exceptions to trademark protection and hence, it cannot be treated as a distinctive or dominant mark of Wow Momo.

“Thus, the Plaintiff on its own showing admitted before the Registrar of Trade Marks that the word 'WOW' alone, being an English Dictionary word is not distinctive and it is in a combination with another word that it would as a composite mark have a distinctive character. In view of this stand, Plaintiff cannot contend in these proceedings that the word WOW on a standalone basis is a distinctive mark,” the Court said.

It further said that Wow Momo cannot be allowed to approbate and reprobate and claim 'WOW' as its distinctive or dominant mark and that it will not be entitled to claim exclusivity over the word 'WOW', stating that the same is distinctive feature of its trademark.

Observing that a random Google search would reveal that there are various other businesses enlisted which are using the word 'WOW' in the food industry itself, Justice Arora said:

“Therefore, in the considered opinion of this Court at this prima facie interim stage it cannot be said that the mark 'WOW' has acquired any secondary meaning in relation to the Plaintiff.”

The Court concluded that there was no deceptive or confusing similarity between the trademarks of Wow Momo and Wow Burger.

Title: WOW MOMO FOODS PRIVATE LIMITED v. WOW BURGER & ANR

Citation: 2025 LiveLaw (Del) 1107

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