Delhi High Court Refuses Interim Injunction in Wow Momo’s Trademark Infringement Suit Against Wow Burger

The Delhi High Court has recently refused to grant an interim injunction to the plaintiff, Wow Momo Foods Pvt. Ltd., a Kolkata-based quick service restaurant chain, in its trademark infringement suit against the defendant, Wow Burger, a Hong Kong-based food brand.

The order was passed by Justice Manmeet Pritam Singh Arora, who underlined that the plaintiff was attempting to monopolise the use of the dictionary word “WOW,” which the Court held cannot be allowed given the common and laudatory nature of the word.

“Placing reliance on the settled law and the common meaning of the word ‘WOW’, it is concluded that ‘WOW’ is a laudatory exclamation in the food/hospitality business, universally used to convey delight over ‘quality’ of the food,” the Court said, adding that the plaintiff cannot convert that everyday exclamation into its private preserve/property.

In its plea, Wow Momo sought a permanent and interim injunction to restrain Wow Burger from using “WOW,” “WOW BURGER,” or any deceptively similar mark, alleging trademark infringement and passing off.

Wow Momo, incorporated in 2008 and headquartered in Kolkata, argued that it had built a pan-India presence with over 600 outlets in more than 30 cities, and its brand “WOW! MOMO” was well-known. It claimed that alongside “WOW! MOMO,” it had launched other brands such as “WOW! BURGER” since 2009 and had built substantial goodwill and reputation, making “WOW!” exclusively associated with its business.

In December 2024, the plaintiff said it discovered the intended launch of Defendant No. 1’s business activities in India under the impugned mark “WOW BURGER,” in collaboration with Defendant No. 2, through a LinkedIn post.

Appearing for the plaintiff, Senior Advocate Chander M. Lall argued that the defendants had slavishly copied the dominant feature “WOW!”, which he described as the essential part of Wow Momo’s trademarks. He submitted that this copying alone was sufficient ground to grant an injunction, relying on the Delhi High Court’s ruling in M/s Amar Singh Chawal Wala v. M/s Shree Vardhman Rice and General Mills. The plaintiff also contended that the mark had acquired secondary meaning due to continuous use since 2008.

Rejecting this contention, the Court said that “WOW” had not acquired distinctiveness or secondary meaning. Justice Arora observed that the dictionary meaning shows that when the word “WOW” is used as an adjective, it merely signifies the quality of the product or service for which it is used.

Citing Section 9(1)(b) of the Trade Marks Act, 1999, the Court underlined that words which simply convey praise or describe the quality or characteristics of goods or services are not entitled to protection as trademarks. The judge added,“Moreover, Section 30(2)(a) of the Act of 1999 specifically provides that even if such a word is registered, third parties are entitled to use it honestly and descriptively to indicate the nature, quality, or other characteristics of their goods or services.”

“Therefore, in the opinion of this Court, the Plaintiff cannot assert exclusive rights over the expression ‘WOW’, as it falls squarely within statutory exceptions to trademark protection and hence, it cannot be treated as the distinctive or dominant mark of the Plaintiff,” the Court said.

Finding no prima facie case, Justice Arora ruled that the plaintiff had failed to satisfy the tests for interim relief. “Therefore, in the overall conspectus, the Plaintiff has not been able to make out a prima facie case in its favour for grant of injunction. There is no balance of convenience in its favour and therefore, there is no question of injury. Accordingly, the captioned application stands dismissed,” the Court held.

The matter has been listed for the next hearing on January 15, 2026.

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

Date of Order: 12th September, 2025

Bench: Justice Manmeet Pritam Singh Arora