Delhi High Court grants injunction against ‘WOW PUNJABI’ eatery in trademark dispute with WOW! MOMO. Legal experts weigh in. In a recent legal battle over trademark infringement, the Delhi High Court has issued a restraining order against a food outlet operating under the name ‘WOW PUNJABI.’ The renowned eatery WOW! MOMO took legal action against the outlet, citing infringement of its trademark.
Justice Anish Dayal, presiding over the case, acknowledged WOW! MOMO’s claim, stating that they presented a strong case for the grant of an ex parte ad interim injunction. The court emphasised the potential irreparable harm WOW! MOMO could face if the relief was not granted promptly. The court’s directive explicitly prohibits the defendant, along with any affiliates, from using, advertising, or dealing with any goods or services under trademarks such as ‘WOW,’ ‘WOW PUNJABI,’ or any other mark identical or deceptively similar to WOW! MOMO’s registered trademarks.
The lawsuit was initiated by Wow Momo Foods Private Limited, asserting that their house mark, ‘WOW!,’ is a pivotal element across all their trademarks, including WOW!MOMO, WOW!CHINESE, WOW!DIMSUMS, and WOW!CHICKEN. The plaintiff alleged that the defendant outlet, Wow Punjabi, not only adopted the core feature of their trademark but also replicated their trade dress.
Despite receiving cease and desist notices followed by a legal warning, Wow Punjabi failed to respond, prompting legal action from WOW! MOMO. The court, after careful consideration, found merit in WOW! MOMO’s arguments, granting an ex parte ad interim injunction until the next hearing.
Representing the plaintiff, counsel Mr. Ankur Sangal, Mr. Ankit Arvind, and Mr. Shashwat Rakshit advocated convincingly, underscoring the urgency and necessity of the injunction to prevent irreparable harm to WOW! MOMO’s brand.
The decision reflects the court’s commitment to protecting intellectual property rights and ensuring fair competition in the market. This ruling serves as a reminder to businesses to respect and uphold trademark dispute and laws, emphasising the consequences of unauthorised use of established brands.
We emphasise the need for businesses to proactively protect their trademarks and trade dress and adhere to trademark laws to avoid legal repercussions. This ruling serves as a reminder of the consequences of unauthorised use of established brands and underscores the importance of respecting intellectual property rights in the business environment. Get in touch with our experts for Trademark dispute and trademark objection and other IP related services
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