Delhi High Court Rejects Interim Injunction in Wow Momo vs Wow Burger Trademark Dispute, Rules ‘Wow’ Cannot Be Monopolized

The Delhi High Court in an unprecedented decision has refused an interim injunction requested by Wow Momo Foods Private Limited against Wow Burger. The ruling, which is based on the idea that the common term of expression, wow, cannot be patented, represents an important milestone in the domain of trademarks[cite: 340, 749].

Background of the Legal Dispute

It has brought a lawsuit to Wow Burger as Wow Momo, a well-known food chain, claimed that the prefix of Wow was a trademark infringement because it was neither descriptive nor generic of food products[cite: 22, 137].

The Court Analysis on Trademark Distinctiveness.

However, it was not the case that Wow Momo are now arguing[cite: 329, 340]. The Delhi High Court did not concur with the argument of Wow Momo[cite: 367].

Examination of ‘Secondary Meaning’ and Usage

The court also thought about the question of whether or not Wow had secondary meaning, which a common word acquires a unique connection to a particular brand because of widespread use[cite: 223]. Wow Momo claimed that its high turnover of more than Rs. [cite: 398, 400], and high social media presence indicated that the term Wow had acquired a second meaning to the minds of the consumers[cite: 398, 400]. However, the court did not believe it to be the case. [cite_start]The judge pointed out that a continuous and extensive use since 2008 is not a long period of time in which to make a secondary meaning on a descriptive word[cite: 477].

Comparing the Competing Marks and Conclusion

The court also relied on the fact that the general look of the two brands was completely different[cite: 736].