Delhi HC denies Wow Momo interim relief in ‘WOW BURGER’ dispute

New Delhi: The Delhi High Court has refused to grant an interim injunction to Wow Momo Foods against the use of the mark ‘WOW BURGER’ by another company in India, ruling that the word “WOW” is a common exclamation and cannot be monopolised.

Justice Manmeet Pritam Singh Arora observed that Wow Momo could not convert the everyday expression into its “private preserve/property.” The court noted that “Wow is a laudatory exclamation in the food/hospitality business, universally used to convey delight over ‘quality’ of the food.”

The bench referred to Section 9(1)(b) of the Trade Marks Act, 1999, stating that words which merely convey praise or describe the quality of goods or services are not entitled to protection as trademarks. Even if registered, such words can be used by third parties honestly and descriptively, the court added.

Justice Arora further found that Wow Momo had not registered the standalone mark ‘WOW’, and its previous use of ‘WOW! BURGER’ was limited to a menu item in 2018 rather than as a house mark or brand. The court concluded that there was no “deceptive or confusing similarity” between the plaintiff’s marks and the defendant’s use.

“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,” Justice Arora said.

The suit, filed after Wow Momo discovered plans to launch food outlets under the brand ‘WOW BURGER’, is listed for further hearing on January 15, 2026.