Trademark - Use of "WOW BURGER" deemed to infringe trademarks "WOW MOMO," "WOW MOMO INSTANT," and "WOW DIMSUMS"

Court Grants Injunction, Recognizing Potential Consumer Confusion and Idea Infringement by Similar Use of "WOW" in Food Branding

In a significant ruling on October 16, 2025, the Delhi High Court has granted an injunction in favor of Wow Momo Foods Private Limited, restraining the respondents, operating under the brand "Wow Burger," from using the mark "WOW BURGER." The Division Bench, comprising Justices C. Hari Shankar and Om Prakash Shukla, overturned a previous single judge's decision, recognizing the likelihood of consumer confusion and the infringement of Wow Momo's trademarks, including "WOW MOMO," "WOW MOMO INSTANT," and "WOW DIMSUMS."

The court's decision emphasized that while "WOW" is a common English word, its combination with food items like "MOMO" and "BURGER" creates a distinctive mark that can lead to consumer association with the appellant's established brand. The judgment underscored the principles of trademark law, particularly the "dominant feature test" and the "family of marks" concept, which were pivotal in determining the infringement.

The court noted that the appellant's use of "WOW" with various food items has established a family of trademarks, leading to a unique consumer perception. The respondents' use of "WOW BURGER" was found to replicate the idea behind the appellant's trademarks, constituting what the court termed as "idea infringement."

The bench highlighted that the potential for initial consumer confusion was significant, as an average consumer could mistakenly believe that "WOW BURGER" is associated with "WOW MOMO," especially given the similar use of "WOW" in both marks. The court clarified that even if a consumer later realizes the lack of association, the initial confusion itself suffices to establish infringement.

The ruling also addressed the anti-dissection rule, noting that while trademarks should be viewed in their entirety, the dominant feature, in this case, "WOW," played a crucial role in consumer recognition. The court concluded that the respondents' use of "WOW BURGER" would likely lead to an erroneous assumption of association with the appellant's brand, justifying the injunction.

The decision reinforces the protection of intellectual property rights in the food industry, particularly for well-established brands with distinctive trademarks.

Bottom Line:

Trademark Law - Use of "WOW BURGER" deemed to infringe registered trademarks "WOW MOMO," "WOW MOMO INSTANT," and "WOW DIMSUMS" - Likelihood of consumer confusion or association established, even though "WOW" is a common English word.

Statutory provision(s): Trade Marks Act, 1999 Sections 29(2)(b), 17(2)(b), 135, 9(1)(b), 30(2)(a).

Wow Momo Foods Private Limited v. Wow Burger, (Delhi)(DB) : Law Finder Doc Id # 2796442