WOW MOMO FOODS PRIVATE LIMITED vs WOW BURGER & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12th September, 2025 + CS(COMM) 1161/2024 & I.A. 48983-48984/2024 WOW MOMO FOODS PRIVATE LIMITED .....Plaintiff Through: Mr. Chander M. Lall, Sr. Adv. with Mr. Ankur Sangal and Mr. Ankit Arvind, Advs. versus WOW BURGER & ANR. .....Defendants Through: None. CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 48983/2024 (Application under Order XXXIX Rules 1 and 2 CPC) 1. The present application has been filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’] seeking interim injunction against the Defendants. 2. The underlying suit has been filed by the Plaintiff inter alia seeking the relief of permanent injunction against the Defendants from infringing the Plaintiff’s trademarks by using the mark ‘WOW’/ ‘WOW! BURGER’, passing off etc. Signature Not Verified Signed By:HEMANT CS(COMM) 1161/2024 Page 1 of 30 PRATAP SINGH Signing Date:12.09.2025 21:46:34 Case Setup by the Plaintiff 3. Mr. Chander M. Lall, learned Senior Counsel appearing on behalf of the Plaintiff has set up the case of the Plaintiff as under: 3.1. The Plaintiff is a private limited company established in Kolkata. The Plaintiff through its predecessor, coined and adopted the trade mark ‘WOW!’/ ‘WOW! MOMO’ in the year 2008. Since the year 2008 the Plaintiff has been rendering services in food catering, dine-in, delivery, take away format restaurants in more than 30 cities with over 600 outlets, with valuation of Rs. 1225 Crores (in 2021). 3.2. The Plaintiff is stated to have revolutionized the food market with its house mark ‘WOW!’. The mark ‘WOW!’ is stated to form the essential and significant feature of almost all the trademarks of the Plaintiff. It is stated that the