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Justice Amit Bansal stated that “Wow” is widely used in the restaurant space and is too generic for one entity to monopolise it. The judge also expressed concerns about prohibiting a multinational chain from using a trade name.
During the hearing Advocate Ankur Sangal, Wow!Momo’s lawyer, asked for an interim order stating that Wow Burger was established in Hong Kong recently and is not an international food chain.
The advocate argued that Wow!Momo serves burger to their customers with the name “Wow Burger”. Therefore, Wow Burger’s entry into India could create confusion among the customers.
The Delhi High Court refused to pass an interim order injuncting Wow Burger’s entry into India. After seeking Wow Burger’s response, the case has been listed for further consideration in January.
The court also observed that Wow!Momo had established a prima facie case against Wow Delicious and if an order was not issued against the latter, it might lead to misunderstanding.
