Delhi HC Grants Interim Injunction To Wow Momo Against Wow Burger For Trademark Infringement

The Delhi High Court has granted an interim injunction in favour of Wow Momo Foods Pvt. Ltd., the Kolkata-based quick service restaurant chain, in its trademark infringement suit against Wow Burger, a Hong Kong-based food brand.

A Division Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla passed the order while allowing the appeal filed by Wow Momo Foods, challenging a single judge’s decision that had dismissed its plea. The appellant had alleged that the use of the marks “WOW BURGER” and related branding by the respondents infringed its registered trademarks “WOW MOMO” and other “WOW”-formative marks.

Overturning the single-judge’s order, the Bench observed that an average consumer familiar with the Wow Momo brand was likely to assume an association with Wow Burger.

“Applying these principles, there can, to our mind, be no manner of doubt that a consumer of average intelligence and imperfect recollection, who is aware of, or has seen, the appellant’s mark WOW MOMO would, when he later comes across the respondent’s mark WOW BURGER, be, at the very least, inclined to presume the existence of an association between the two marks. This appears to us to be so obvious that it does not call for any explanation,” the Court said.

The Bench further noted, “If WOW BURGER were to be introduced into the market, it would be normal for any average consumer, who is aware of the pre-existing WOW MOMO brand, to presume that the appellant has now launched a burger range under the name WOW BURGER. This presumption of association… would result, within the meaning of Section 29(2)(b) of the Act, in infringement.”

The Court also emphasised that Wow Momo had built a “family of marks” unified by the common prefix “WOW,” which had “acquired distinctiveness” in the food industry.

“The use of any mark by a third person, by combining the prefix WOW with the name of a food item, would clearly result in confusion… that the mark is yet another in the family of marks belonging to the appellant,” the order stated.

Rejecting the single judge’s reliance on factors such as menu differentiation or product composition, the Division Bench clarified that such considerations were “entirely irrelevant” for determining infringement:

“What matters, and is determinatively in favour of the appellant, is the fact that the respondent’s proposed WOW BURGER mark infringes the appellant’s WOW MOMO and WOW DIMSUM registered trademarks, seen mark to mark. That is all that is needed to make out a prima facie case of infringement.”

In its 39-page judgment, the Court held that the single judge had proceeded on “extraneous considerations” and failed to apply the correct legal tests.

“For the aforesaid reasons, the impugned order dated 12 September 2025 of the learned Single Judge is quashed and set aside,” the Bench ruled.

The Court accordingly restrained the defendants from using the marks “WOW BURGER” or any other mark identical or deceptively similar to the plaintiff’s registered trademarks “WOW! MOMO” and other “WOW”-formative marks.

Accordingly, the appeal was allowed.

Case Title: Wow Momo Foods Pvt. Ltd. v. Wow Burger & Anr.

Date of Order: 16 October, 2025

Bench: Justice C Hari Shankar and Justice Om Prakash Shukla