Trademark Infringement and Brand Confusion: Delhi High Court Protects WOW MOMO from WOW BURGER

OVERVIEW OF THE CASE

In a major development for intellectual property protection in India’s food and beverage sector, the Delhi High Courtrecently ruled in favor of Wow Momo Foods Pvt. Ltd., restraining the use of the mark “WOW BURGER” by another food business.

Justice Prathiba M. Singh observed that the use of a deceptively similar trademark — particularly when targeting the same category of consumers — constituted infringement, passing off, and unfair competition.

⚖️ Key Points from the Judgment

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

• Court: Delhi High Court

• Coram: Justice Prathiba M. Singh

• Date of Judgment: 2025

• Legal Provisions: Sections 29 & 30 of the Trade Marks Act, 1999

• Focus Keyword Phrase: “Trademark Infringement and Brand Confusion”

Background

Wow Momo Foods Pvt. Ltd., the popular quick-service restaurant brand known for “Wow Momo” and “Wow China,” has built significant goodwill under its “WOW” brand family since 2008.

The company discovered that a new food outlet had started operating under the name “Wow Burger”, using a yellow-and-black logo and the identical “WOW” word prefix, mimicking Wow Momo’s overall brand identity.

Claiming that this usage created consumer confusion and diluted its brand value, Wow Momo filed a trademark infringement and passing-off suit before the Delhi High Court.

COURT'S ANALYSIS

The Court conducted a side-by-side comparison of both marks and brand presentations.It noted that:

1. The dominant feature of the plaintiff’s mark was the word “WOW”, which had acquired distinctiveness through extensive use.

2. The defendant’s mark “WOW BURGER” adopted the same dominant feature, making the overall impression confusingly similar.

3. Both brands operated in the same food retail and quick-service segment, targeting identical consumers in malls and delivery apps.

Justice Prathiba Singh held that the “WOW BURGER” mark was “deceptively similar to the plaintiff’s family of WOW marks” and that its use was “likely to cause confusion and association in the minds of an average consumer.”

The Court also referred to previous judgments that protect “series marks” or “brand families,” reaffirming that established companies are entitled to safeguard the umbrella branding element (here, “WOW”) across sub-brands.

✅ Outcome

• The Court granted a permanent injunction restraining the defendants from using “WOW BURGER”, “WOW FAST FOOD”, or any mark deceptively similar to “WOW MOMO” or “WOW CHINA.”

• It also directed removal of infringing listings from online food-delivery platforms like Swiggy and Zomato.

• The defendants were ordered to pay nominal costs to the plaintiff.

IMPLICATIONS ON OTHER BUSINESSES

This ruling sends a clear message to Indian startups and food entrepreneurs:

• Brand Distinctiveness is Protected. Even a common word can gain strong protection through consistent and distinctive use.

• Family of Marks Doctrine. Once a brand establishes a recognizable “series” of marks under a common element, imitation of that element becomes actionable.

• Online Listing Liability. Food aggregators may also face notice obligations if they continue hosting infringing listings after receiving a court order.

• Due Diligence Required. Before launching, businesses should conduct a comprehensive trademark search and legal clearance to avoid litigation.

  
  

If two eateries use similar-sounding names that can mislead customers into believing they are related, the original owner can sue for trademark infringement and passing off — even if the menu items differ.Your brand name and logo are protected assets, not just design choices.

FAQs

Q1. What is trademark infringement?

It occurs when a party uses a mark deceptively similar to a registered trademark, leading to public confusion about the origin of goods or services.

Q2. What is “passing off”?

It protects unregistered trademarks. Even without registration, a business can stop others from misrepresenting their goods as those of the original brand.

Q3. Can common words like “WOW” be protected?

Yes — if they have acquired distinctiveness through long and exclusive use in a particular sector.

Q4. What happens if I unknowingly use a similar brand name?

Courts may still grant injunctions, but good-faith misuse can sometimes reduce damages. Always do a pre-launch IP clearance search.

CONTACT PRIME 8 LEGAL

If you or your business are facing a trademark dispute, brand imitation, or intellectual property challenge, our experienced legal team can help you protect your brand identity in India and abroad.

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