The Delhi High Court (Division Bench) has granted an injunction restraining the use of the trademark “WOW BURGER” in India, finding it to be infringing upon the “WOW” series of marks owned by Wow Momo Foods Pvt Ltd.
The Court acknowledged that the prefix “WOW” has acquired distinctiveness due to the substantial goodwill and reputation of Wow Momo. It held that combining “WOW” with the name of a food item—like “burger”—could mislead consumers into believing that the product is part of the WOW MOMO brand family, thereby creating a likelihood of confusion.
Accordingly, any use of “WOW” in conjunction with food items by third parties was found to infringe upon Wow Momo’s trademark rights.
The core team consisted of Ankur Sangal (Partner), Ankit Arvind (Principal Associate), Shashwat Rakshit, (Senior Associate) and Amrit Sharma (Associate).