The Delhi High Court has restrained Wow Burger from using its mark, finding it deceptively similar to the registered trademarks of Wow! Momo Foods Pvt. Ltd. The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla set aside the order of the Single Judge, which had earlier refused interim relief to Wow! Momo.
The Bench held that the prefix “WOW” forms the dominant feature of Wow! Momo’s trademark family including WOW MOMO, WOW DIMSUMS, and WOW MOMO INSTANT and that the use of WOW BURGER by the respondent would likely cause confusion or suggest an association between the two brands. The Court clarified that even though Wow! Momo does not hold exclusive rights over the word “WOW” in isolation, its composite marks have acquired distinctiveness through long and extensive use.
Rejecting the Single Judge’s reasoning that “WOW” is a common expression, the Bench emphasised that distinctiveness must be assessed in the context of how the mark is used here, as a unique combination of the exclamation “WOW” with the name of a food item. Applying the “dominant feature” and “family of marks” principles, the Court found Wow Burger’s mark 
infringing and granted an injunction restraining its use pending disposal of the suit.
The appeal was accordingly allowed.
Appearances:
Appellant: Mr. Dayan Krishnan, Senior Advocate with Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Shashwat Rakshit, Ms. Amrit Sharma and Mr. Shreedhar Kale, Advs.
Respondent: None