Delhi High Court Restrains Food Outlet From Using 'WOW PUNJABI' Trademark In Infringement Suit By 'WOW! MOMO'

The Delhi High Court has restrained a food outlet from using the “WOW PUNJABI” mark after the famous eatery WOW! MOMO sued it over trademark infringement.

Justice Anish Dayal said WOW! MOMO made out a prima facie case for grant of an ex parte ad interim injunction in its favour and that it is likely to suffer irreparable harm in case the relief is not granted.

“Accordingly, till the next date of hearing, an ex parte ad interim injunction is passed against defendant and accordingly, the defendant, and all others acting for and, on their behalf, are restrained from using, advertising, directly or indirectly dealing in any goods or services under defendant's trademark “WOW”/ “WOW PUNJABI”/ or any other trademark which is identical or deceptively similar to plaintiff's registered trademark “WOW”/ “WOW!MOMO”/ ,” the court directed.

The suit was filed by Wow Momo Foods Private Limited claiming that its house mark is “WOW!” which forms an essential significant feature of all its trademarks. The marks include WOW!MOMO, WOW!CHINESE, WOW!DIMSUMS, WOW!CHICKEN etc.

Wow! Momo alleged that the defendant outlet, Wow Punjabi, adopted the essential and dominant feature of its trademark i.e. “WOW!” as well as the trade dress.

It was further alleged that a cease and desist notice was served to Wow Punjabi to restrain itself from using the impugned mark, followed by a legal notice, but no reply was given.

…this Court is satisfied that plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction till the next date of hearing. 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 said.

Counsel for Plaintiff: Mr. Ankur Sangal, Mr. Ankit Arvind and Mr. Shashwat Rakshit, Advs

Title: WOW MOMO FOODS PRIVATE LIMITED v. WOW PUNJABI

Citation: 2024 LiveLaw (Del) 365

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