Delhi High Court rules against Wow! Momo's monopoly claim on 'Wow'

New Delhi: The Delhi High Court has ruled that the popular Indian fast-food chain, Wow! Momo, cannot claim exclusive rights over the word 'Wow' within the restaurant sector. 

This observation was made during a session where Wow! Momo sought to block the operations of Hong Kong-based Wow Burger in India.

Wow! Momo, renowned for its momos and with over 600 outlets spread across the country, had filed a plea to halt Wow Burger's expansion plans into the Indian market. 

The Hong Kong chain, in partnership with FranGlobal, has intentions to establish more than 100 outlets in major Indian cities like Mumbai, Delhi NCR, Bangalore, and Hyderabad by 2029.

Justice Amit Bansal, presiding over the case, noted that the term 'Wow' is widely used in the restaurant industry and might be considered too generic for any single entity to monopolise.

The judge expressed concerns about the implications of restricting a global chain from using its established trade name, highlighting the potential detriment to market competition and consumer choice.

The case is now slated for further consideration in January, when Wow Burger will have the opportunity to respond to Wow! Momo's allegations.

Advocate Ankur Sangal, representing Wow! Momo, argued that the recent establishment of Wow Burger in Hong Kong could lead to consumer confusion in the Indian market, particularly given that Wow! Momo also sells burgers under the name "Wow Burger." 

However, the court's focus was on the generic nature of the word 'Wow' rather than potential consumer confusion.

This ruling follows a pattern of legal engagements for Wow! Momo, which has previously been involved in trademark disputes, including cases against Wow Punjabi and Wow China Bistro. 

The chain has successfully defended its trademarks in some instances, notably when the court issued restraining orders against competitors for using deceptively similar marks.