The Delhi High Court has recently delivered a landmark judgment in favour of WOW Momo Foods Private Limited, restraining the use of the mark “WOW BURGER” and reinforcing the protection of the company’s registered trademarks. The case, WOW Momo v. WOW Burger, involved a dispute over trademark infringement under the Trade Marks Act, 1999, highlighting the importance of distinctiveness and the “family of marks” concept in intellectual property law.
The Delhi High Court has become a significant institution in addressing trademark issues in the capital city of Delhi.
Background of the Case
In recent years, the Delhi High Court has been pivotal in shaping trademark law in Delhi.
WOW Momo’s case is just one example of the legal battles taking place in Delhi’s vibrant food industry.
WOW Momo, founded in 2008, has grown to operate over 600 outlets across more than 30 cities in India. The company owns several registered trademarks, including WOW MOMO, WOW DIMSUMS, and WOW MOMO INSTANT. These marks feature the exclamation “WOW” combined with the name of a food item, forming a distinctive branding strategy.
In December 2024, WOW Momo discovered that WOW Burger, the first respondent, intended to launch its business in India using the marks WOW BURGER and related logos. Viewing this as a potential infringement, WOW Momo moved the Commercial Division of the Delhi High Court seeking an interim injunction to prevent the use of the mark, arguing that it violated its intellectual property rights.
Initial Single Judge Ruling
The appeal was heard in the heart of Delhi, illustrating the Court’s role in such disputes.
Such rulings from the Delhi High Court are essential for businesses operating in Delhi.
The single judge, by an order dated September 12, 2025, dismissed WOW Momo’s application for interim relief. The judge reasoned that the term “WOW” was a common English word, lacking inherent distinctiveness, and thus the company could not claim exclusive rights over it. This decision effectively allowed the respondents to continue with their plans to use “WOW BURGER” in the Indian market.
Dissatisfied with this ruling, WOW Momo filed an appeal before a Division Bench of the Delhi High Court, comprising Justices C. Hari Shankar and Om Prakash Shukla.
Division Bench’s Observations
Upon hearing the appeal, the Division Bench set aside the single judge’s order and granted the interim injunction in favour of WOW Momo. The Court held that the single judge’s reasoning was flawed, as it failed to recognize the distinctiveness arising from the combination of the exclamation “WOW” with a food item, rather than the standalone use of the word “WOW.”
Given the competitive market in Delhi, businesses must navigate trademark law carefully.
The bench noted:
“The idea of combining an exclamation with the mundane reference to the food item is inventive and, consequently, distinctive. The learned Single Judge overlooked the fact that, when used in conjunction with the name of the food item, the combined mark becomes distinctive in nature.”
The challenges faced by companies in Delhi highlight the vital nature of trademark protections.
Trademark Infringement Analysis
This case further cements the Delhi High Court’s role as a guardian of trademark rights in Delhi.
The Delhi High Court emphasized that the use of the mark WOW BURGER was likely to cause consumer confusion and mislead the public into assuming a commercial association with WOW Momo. The Court applied the test under Section 29(2)(b) of the Trade Marks Act, which examines whether the average consumer is likely to believe that goods bearing similar marks originate from the same source.
Companies in Delhi must be vigilant about trademark registrations to avoid litigation.
The bench observed:
Legal battles in Delhi can significantly impact brand reputation across the city.
“A consumer of average intelligence and imperfect reflection, who is aware of, or has seen, the appellant’s mark WOW MOMO would, when he later comes across respondent’s mark WOW BURGER, be inclined to presume the existence of an association between the two marks.”
The Court clarified that differences in color, design, or packaging do not negate the likelihood of infringement. Instead, the overall impression and conceptual similarity of the marks are critical factors in determining infringement.
Understanding trademark law is crucial for success in the competitive landscape of Delhi.
Concept of ‘Family of Marks’
A key element in the Court’s decision was recognition of WOW Momo’s marks as a “family of marks.” All registered marks share the prefix “WOW” as the dominant and common feature. By using “WOW BURGER,” the respondents were essentially replicating the branding concept invented by WOW Momo, which conveys quality and excellence in relation to food items.
The Court observed that the combination of the exclamation “WOW” with a food item, such as MOMO or DIMSUMS, forms a distinctive mark. Therefore, any similar usage, including “WOW BURGER,” would likely lead consumers to believe it is part of the same brand family.
Distinctiveness and Exclusivity
While the Court acknowledged that WOW Momo could not claim exclusive rights over the standalone word “WOW,” it emphasized that this did not undermine protection for its composite marks. The absence of a separate registration for the word “WOW” does not erode the company’s entitlement to relief against infringement of its composite trademarks.
“The absence of any registration for WOW does not, in any manner, erode the appellant’s claim of exclusivity over the mark WOW MOMO or impact its entitlement to relief against infringement… such as WOW BURGER.”
Legal Representation
WOW Momo was represented by Senior Advocate Dayan Krishnan, assisted by Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit, Amrit Sharma, and Shreedhar Kale from Khaitan & Co. Their arguments successfully convinced the Division Bench of the risk of consumer confusion and the infringement of the company’s trademark rights.
The respondents, WOW Burger, presented their case but were restrained from using the mark pending the outcome of further proceedings.
Implications for Trademark Law
This ruling highlights several important principles of Indian trademark law:
- Composite Marks: Distinctiveness may arise from the combination of elements, even if individual components are generic or common.
- Family of Marks: Trademarks sharing a common dominant feature can be protected as a brand family, preventing others from creating deceptively similar marks.
- Consumer Perception: Likelihood of confusion is assessed from the perspective of an average consumer, considering the overall impression of the mark.
- Infringement Test: Differences in color, design, or packaging are immaterial if the marks are conceptually similar and create an impression of association.
The implications of this case extend beyond Delhi, influencing trademark practices nationwide.
Commercial and Business Impact
The interim injunction has significant commercial implications. WOW Momo, already a dominant player in India’s quick-service restaurant segment, is protected from potential brand dilution and market confusion caused by the use of “WOW BURGER.” The decision reinforces the company’s ability to safeguard its brand identity and expand its footprint without facing unfair competition.
For those operating in the food sector in Delhi, this case offers vital lessons in trademark protection.
For other businesses, the judgment serves as a reminder to conduct thorough trademark searches and ensure originality in branding strategies. Attempting to replicate a successful branding concept, especially one that forms part of a family of marks, can expose companies to legal liability.
Conclusion
The Delhi High Court’s decision in WOW Momo v. WOW Burger reinforces the importance of trademark protection, particularly for composite marks and brand families. By restraining the use of “WOW BURGER,” the Court has upheld WOW Momo’s intellectual property rights and set a strong precedent for evaluating trademark infringement in India.
This ruling underscores that innovation in branding, even through the combination of common words with product descriptors, can create a distinctive mark deserving of legal protection. Companies are now reminded that the use of similar marks may lead to injunctions, damages, and reputational harm.
As businesses continue to expand in India’s dynamic food and beverage sector, careful attention to trademark law and brand distinctiveness will be crucial for avoiding infringement disputes and maintaining consumer trust.
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