Delhi High Court Restrains ‘Wow Burger’, Upholds Wow Momo’s Trademark Rights in Food Sector
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 set aside a previous single-judge order that had refused interim relief, emphasizing that the distinctiveness of the “WOW” mark arises from its combination with food items rather than the word “WOW” alone. This ruling underscores the Court’s recognition of composite marks and the protection of a brand’s established goodwill in the food sector.
Distinctiveness of the “WOW” Prefix
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.
Infringement of Trademark Rights
Accordingly, any use of “WOW” in conjunction with food items by third parties was found to infringe upon Wow Momo’s trademark rights.
Legal Representation
Wow Momo Foods Private Limited was represented by Mr. Dayan Krishnan, Senior Advocate, along with the team of Khaitan & Co:: Ankur Sangal (Partner), Ankit Arvind (Principal Associate), Shashwat Rakshit (Senior Associate), and Amrit Sharma (Associate).
Conclusion
This ruling reinforces the protection of composite and family-of-marks trademarks in India, demonstrating that even if a mark contains common words, the inventive combination and established brand goodwill can secure enforceable rights. The decision sets an important precedent for food and beverage brands, ensuring that imitation of a brand’s core identity will not go unchallenged in the Indian marketplace.
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