Delhi High Court Rejects Wow! Momo's Monopoly Claim Over "Wow"

In a significant decision, the Delhi High Court rejected a plea by the popular Indian fast-food chain Wow! Momo to claim monopoly rights over the word "wow." The court declined to issue an injunction against the Hong Kong-based burger chain Wow Burger, stating that the term is commonly used in the restaurant industry and is too generic to be monopolized.

In oral comments, Justice Amit Bansal, presiding over the case, remarked that "the word 'wow' is very commonly used in the restaurant space and could be too generic to be monopolized." The judge also hesitated to restrain a global chain from operating under its trade name in India.

Background of the Case

Wow! Momo petitioned to prevent Wow Burger from entering the Indian market. The Momo chain argued that using "wow" in the burger chain's branding infringed on its trademark and could confuse consumers. The company also sought an injunction to stop Wow Burger from operating in India.

However, Justice Bansal dismissed the request for an injunction and rescheduled the hearing to January 31, 2024. To respond to the claims, the court has directed Wow Burger, which plans to expand to Delhi, Hyderabad, Mumbai, and Bangalore.

Previous Legal Battles

This case is part of a broader series of trademark disputes involving Wow! Momo. The company has previously obtained temporary relief in similar cases:

• Wow Punjabi: On March 22, 2023, Justice Anish Dayal issued an ex parte ad interim injunction against a restaurant using "WOW PUNJABI" as its trademark. Wow! Momo argued that the competitor's branding, trade dress, font style, and colour scheme were deceptively similar to its own.
• Wow Delicious: On December 11, 2023, Justice Mini Pushkarna barred Wow Delicious, a Gurgaon-based restaurant, from using a mark resembling Wow! Momo's branding. The case is set for further hearing on April 15, 2024.
• Franchisebyte: In October 2022, a single-judge panel led by Justice Hari Shankar prohibited Franchisebyte, a website promoting franchises, from using Wow! Momo's trademark without authorization.

Implications of the Ruling

The latest decision highlights businesses' challenges in claiming exclusive rights over generic or widely-used terms. While Wow! Momo has successfully secured temporary relief in earlier cases; the court's reluctance to issue an injunction against Wow Burger underscores the complexity of enforcing trademark rights for commonly used words.

The ruling also reflects the court's balanced approach to protecting intellectual property while avoiding undue restrictions on competition. As the case progresses, the outcome could set a precedent for similar disputes in the food and beverage industry.