Published on: March 28, 2024 at 17:26 IST
Delhi High Court has issued a temporary injunction against multi-cuisine restaurant chain Wow Punjabi, prohibiting it from using a mark resembling that of fast-food giant Wow! Momos [Wow Momo Foods Pvt Ltd v Wow Punjabi].
Justice Anish Dayal, presiding over the case, expressed satisfaction with the plaintiff, Wow! Momos, establishing a prima facie case for the grant of an ex parte injunction until the next hearing.
The court order, dated March 22, highlighted that the balance of convenience favored the plaintiff, emphasizing the likelihood of irreparable harm if the requested injunction was not granted.
At the heart of the dispute is Wow! Momos’ plea seeking a permanent injunction against Wow Punjabi, citing trademark infringement, passing off, unfair trade practices, rendition of accounts, and damages.
Wow! Momos informed the court that it had coined and adopted the trademark ‘Wow’/’Wow! Momo’ in 2008, operating over 600 outlets across 30-plus cities. The plaintiff also underscored its significant brand valuation of approximately ₹1,225 crores in 2021, witnessing a remarkable growth of over 60% in 2022.
Presenting its case, Wow! Momos showcased its registered marks incorporating the ‘Wow’ mark and highlighted its ownership of the domain name ‘www.wowmomo.com’ since 2013.
The court took note of the defendant’s failure to respond to cease and desist notices and follow-up legal correspondence from the petitioner.
Upon comparing the marks of both parties, the court concluded that Wow! Momos had indeed presented a prima facie case for infringement.
Consequently, the court issued a notice to Wow Punjabi, restraining it from utilizing, advertising, or engaging in any goods or services under its trademark until further orders.
Wow! Momos was represented by Ankur Sangal, Partner at Khaitan & Co, along with Ankit Arvind, Senior Associate, and Shashwat Rakshit, Associate, who skillfully advocated for the plaintiff’s interests in the legal proceedings.