Delhi High Court Rejects 'Wow! Momo's' Injunction Plea, Rules 'WOW' is a Common Laudatory Term and Not a Monopoly

New Delhi: In a significant ruling on trademark law, the Delhi High Court has dismissed an application for an interim injunction filed by WOW MOMO FOODS PRIVATE LIMITED against a new entity named 'WOW BURGER'. Justice Manmeet Pritam Singh Arora held that common laudatory words like 'WOW' cannot be monopolized by a single entity, especially in the food industry where it is a generic expression of delight.

The court found that 'Wow Momo' had failed to establish a prima facie case for trademark infringement, noting that the company does not hold a registration for the standalone word 'WOW' or the mark 'WOW! BURGER', and that its attempt to claim exclusivity over a common dictionary word was an attempt to "appropriate/monopolize" it.

Background of the Dispute

WOW MOMO FOODS PRIVATE LIMITED, a well-known food chain with over 600 outlets, approached the High Court seeking a permanent injunction against 'WOW BURGER'. The plaintiff claimed that they had been using the 'WOW!' mark since 2008, which had become the dominant and essential feature of their brand identity, leading to substantial goodwill and a valuation of Rs. 1225 Crores as of 2021. They argued that the defendants' intended use of 'WOW BURGER' was a "slavish copy" of their mark and would cause confusion among consumers.

Despite being served notice, the defendants, 'WOW BURGER & ANR.', did not appear in court, leading to the proceedings being heard ex-parte.

Plaintiff's Core Arguments

• Dominant Mark: 'WOW!' is the essential feature of all their trademarks, including 'WOW! MOMO', 'WOW! CHINA', and others.
• Acquired Secondary Meaning: Through extensive use since 2008, high sales turnover (₹453 Crores in 2023-24), and significant promotional spending (₹10.37 Crores), the mark 'WOW!' has become exclusively associated with their brand.
• Alleged Use of 'WOW! BURGER': The plaintiff claimed to have used the trademark 'WOW! BURGER' continuously since 2009.
• Deceptive Similarity: The defendants' proposed mark 'WOW BURGER' is identical to their mark, for identical goods, thereby infringing on their statutory rights.

Court's Analysis and Key Findings

Justice Arora conducted a detailed analysis and rejected the plaintiff's claims on several key grounds.

'WOW' is a Non-Distinctive, Laudatory Term

The court ruled that 'WOW' is a common dictionary word used as an exclamation and, in the context of food, is a laudatory term signifying quality or delight. The judgment stated:

"‘WOW’ is a laudatory exclamation in the food/hospitality business, universally used to convey delight over ‘quality’ of the food. The Plaintiff cannot convert that everyday exclamation into its private preserve/property."

Citing the Supreme Court's decision in Pernod Ricard India (P) Ltd. v. Karanveer Singh Chhabra , the court reiterated that generic, descriptive, or laudatory terms cannot be monopolized, even if part of a registered trademark, unless they have acquired a strong secondary meaning.

Plaintiff's Own Admissions and Lack of Registration

The court found critical inconsistencies in the plaintiff's case: - No Registration for 'WOW' or 'WOW! BURGER': The plaintiff holds registrations only for composite marks like 'WOW! MOMO' and 'WOW! CHINA', not for the word 'WOW' in isolation or for 'WOW! BURGER'. - Admissions Before Trademark Registrar: During the registration process for 'WOW CHINA', the plaintiff had admitted to the Trademark Registrar that 'WOW' is a "common English dictionary word" and that distinctiveness arose from its combination with other words. The court held that the plaintiff could not now "approbate and reprobate" by claiming exclusivity over the word.

'WOW! BURGER' is Not the Plaintiff's Trademark

The court found the plaintiff's claim of using 'WOW! BURGER' as a trademark to be "not bonafide and is instead misleading." The evidence showed: - The term was last used on a menu in 2018 and was listed as a 'menu item', not as a brand. - A review of the plaintiff's current menus and website revealed that burgers are sold under the name 'Moburg' (a portmanteau of Momo and Burger) under the 'WOW! MOMO' brand, with no mention of 'WOW! BURGER'.

The Court observed:

"This Court has come to a conclusion that ‘WOW! BURGER’ is not a trademark/brand of the Plaintiff and that ‘WOW! BURGER’ as a mark is not even being used by the Plaintiff currently."

No Deceptive Similarity

Comparing the plaintiff's registered composite mark 'WOW! MOMO' with the defendant's 'WOW BURGER', the court found no confusing similarity. It noted that the source identifier for the plaintiff is 'WOW! MOMO' as a whole, not just 'WOW'. The visual appearance, color scheme (yellow for plaintiff vs. red/white for defendant), and overall impression of the competing marks were found to be completely different.

Final Decision

Concluding that the plaintiff had failed to establish a prima facie case, balance of convenience, or irreparable injury, the court dismissed the application for an interim injunction. Justice Arora emphasized that the opinions expressed were prima facie for the purpose of the interim application and would not affect the final merits of the suit. The case is next listed for hearing on January 15, 2026.