The Delhi High Court has temporarily restrained Wow Punjabi, a chain of multi-cuisine restaurants, using a trademark that is similar to the fast-food restaurant company Wow! Momo.
Justice Anish Dayal expressed satisfaction that Wow! Momos (plaintiff) had established a prima facie case for the grant of an ex parte injunction until the next date of hearing.
According to reports, the order said, “Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
The court was hearing a plea by Wow! Momo seeking permanent injunction restraining infringement of trademark, passing off, unfair trade practice, rendition of accounts and damages against Wow Punjabi.
Wow! Momo told the Court that it coined and adopted the trademark ‘Wow’/’Wow!Momo’ in 2008 to offer food products and services.
The company further informed the court that as of 2022, it had grown more than 60% and in 2021 it had over 600 stores spread across more than 30 cities, with a brand valuation of over ₹1,225 crore.
The plaintiff also produced all its registered trademarks with the name ‘Wow’ and pointed out that it bought the website ‘www.wowmomo.com’ in 2013.
The Court observed that the defendant didn’t respond to a cease and desist notice and a subsequent legal notice sent by the petitioner.
After comparing the plaintiff’s and defendant’s marks, the Court decided that the plaintiff had presented a prima facie case.
As a result, the Court issued notice to the defendant and stopped them from using, advertising, or selling any products or services under their trademark, either directly or indirectly.
