While hearing a plea filed by Wow! Momo to halt Hong Kong-based Wow Burger from starting operations in India on the basis of the Indian fast food chain’s claim that the word ‘Wow’ could create confusion in the consumers’ mind, the Delhi HC has refused to pass an ex-parte interim order restraining Wow Burger’s entry to India.
During the proceedings of the case, Justice Amit Bansal also observed that Wow! Momo cannot claim its monopoly on using the word ‘Wow’ in the restaurant sector as the same is a commonly used term in the same and therefore is too generic to be monopolised.
This came in the aftermath of Wow! Momo’s Advocate Ankur Sangal pressing for an interim order on the grounds that even though the company doesn’t own a trademark for ‘Wow Burgers’, the international chain- Wow Burgers entry in India would lead to consumers being confused as Wow! Momo does sell burgers under the name- Wow Burger.
In December 2024, FranGlobal, the international business arm of Franchise India had announced a partnership with Hong Kong-based WOW Burger to bring the latter’s high-protein vegetarian fast food to India across major cities- Mumbai, Delhi NCR, Bangalore, and Hyderabad, with plans to open over 100 outlets across tier I and tier II markets within five years of its launch.
Earlier, the court had restrained ‘Wow! Delicious’ from using a deceptively similar mark to Wow! Momo and Wow! Momo from using the trademark Wow! China Bistro upon China Bistro’s alleged trademark infringement suit.
Also Read: Delhi HC Temporarily Restrains Wow Punjabi From Using A Trademark Which Is Akin to Wow! Momo
