Delhi HC backs WOW Momo in trademark battle, bars ‘WOW Burger’ for brand infringement
The Delhi High Court ruled in favour of WOW Momo Foods, restraining the use of the mark “WOW Burger” for infringing its registered trademarks. The court recognised WOW Momo’s “WOW + food item” naming as distinctive, strengthening its brand identity and trademark family.
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The Delhi High Court has ruled in favour of WOW Momo Foods, restraining another company from using the mark “WOW Burger”, and recognising the distinctiveness of WOW Momo’s trademark family, Bar and Bench reported.
A Division Bench comprising Justices C Hari Shankar and Om Prakash Shukla set aside a September 2025 order by a single judge that had denied interim relief to the quick-service food chain. The court held that the mark “WOW BURGER” infringes upon WOW Momo’s registered trademarks — WOW MOMO, WOW DIMSUMS and WOW MOMO INSTANT.
The Bench observed that WOW Momo’s innovation lay in pairing the exclamation “WOW” with a food item, which created a distinctive brand identity. “The idea of combining an exclamation with the mundane reference to the food item is inventive and, consequently, distinctive,” the court stated, clarifying that the distinctiveness came from the combination, not the standalone use of “WOW.”
Founded in 2008, WOW Momo has grown into one of India’s fastest-scaling QSR brands, operating over 600 outlets across 30 cities. The company discovered in December 2024 that “WOW Burger” was preparing to launch in India with a similar naming convention and sought legal restraint on the grounds of infringement.
The court agreed, finding that WOW Burger’s mark was deceptively similar and likely to create consumer confusion or imply an association between the two brands. “A consumer of average intelligence and imperfect recollection… would be inclined to presume the existence of an association between the two marks,” the Bench observed.
Emphasising brand integrity and consumer perception, the Court held that WOW Momo’s “WOW” marks formed a family of trademarks, with “WOW” as the common, dominant element. The replication of the “WOW + food item” format by WOW Burger, the Bench said, amounted to copying the brand concept itself.
While clarifying that WOW Momo cannot claim exclusivity over “WOW” alone, the judgment reinforces the company’s rights over its distinctive composite marks, a key precedent for Indian brands seeking to safeguard unique naming architectures in competitive food and beverage markets.
