WOW MOMO FOODS PRIVATE LIMITED vs WOW BURGER & ANR.

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 143/2025 & CM APPL. 59063/2025 WOW MOMO FOODS PRIVATE LIMITED .....Appellant Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Shashwat Rakshit, Ms. Amrit Sharma and Mr. Shreedhar Kale, Advs. versus WOW BURGER & ANR. .....Respondents Through: Nemo CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 16.10.2025 C. HARI SHANKAR, J. The lis 1. The issue in controversy is limited. 2. The appellant is the registered proprietor, under Section 23 of the Trade Marks Act, 19991 of the word marks WOW MOMO, WOW DIMSUMS and WOW MOMO INSTANT as well as various device marks of which WOW! constitutes a prominent part. 1 “the Act” Signature Not Verified FAO(OS) (COMM) 143/2025 Digitally Signed By:AJIT Page 1 of 39 KUMAR Signing Date:21.10.2025 13:00:21 3. CS (Comm) 1161/20242 stands instituted by the appellant, before the Commercial Division of this Court, alleging that, by use of the marks WOW BURGER, and , the respondents have infringed the registered trade marks of the appellant. IA 48983/2024, filed by the appellant in the said suit, sought an interlocutory injunction, restraining the respondents, pending disposal of the suit, from using the marks WOW BURGER, and . 4. By judgement dated 12 September 2025, learned Single Judge of this Court has dismissed IA 48983/2024. 5. Aggrieved thereby, the appellant has instituted the present appeal. Facts 6. The registrations held by the appellant stand tabulated, in para 3.5 of the judgment of the learned Single Judge, from which the present appeal emanates, thus: S.No. Trade Mark Class User Claim Date of Registration 1 WOW MOMO 29 16-06-2008 21-09-2020 2 30 16-06-2008 27-08-2010 3 43 16-06-2008