Trademark Infringement| Delhi HC Grants Interim Injunction To WOW! MOMO Against WOW PUNJABI
The Delhi High Court granted an interim injunction to WOW! MOMO against WOW PUNJABI, restraining it from using its essential feature ‘WOW’ in its trademark.
The bench of Justice Anish Dayal observed, “Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
The Plaintiff, WOW MOMO Foods Private Ltd, filed a suit seeking permanent injunction restraining infringement of trademark, passing off, unfair trade practice, rendition of accounts, and damages against the defendant, WOW PUNJABI.
Advocate Ankur Sangal appeared for the appellant.
It is claimed by the plaintiff that they are the registered proprietors of the trademarks “WOW”/ “WOW! MOMO” and have coined and adopted the trademark “WOW!”/ “WOW! MOMO” in the year 2008 for providing products & services in the food industry.
The plaintiff further claimed that its house mark is “WOW!”, which forms the essential and significant feature of all the trademarks of the plaintiff.
According to the plaintiff, the defendant has adopted the essential and dominant feature of the plaintiff’s trademark “WOW”, and the trade dress adopted is also identical with a yellow background, font style and the letter “O” filled with red colour.
Earlier, the plaintiff issued a cease-and-desist notice asking the defendant to restrain themselves from using the trademark “WOW”/ “WOW PUNJABI”, or any other trademark deceptively similar to the plaintiff’s trademark. Later, a legal notice was also sent. However, the defendant did not reply to the said legal notice.
The Court passed an ex parte ad interim injunction against the defendant till the next date of hearing.
The Court restrained the defendant, and all others acting for and, on their behalf, from using, advertising, directly or indirectly dealing in any goods or services under the defendant’s trademark “WOW”/ “WOW PUNJABI”/ or any other trademark which is identical or deceptively similar to plaintiff’s registered trademark.
Cause Title: Wow Momo Foods Pvt. Ltd. v. Wow Punjabi
Appearance:
Appellant: Adv. Ankur Sangal, Adv. Ankit Arvind, Adv, Shashwat Rakshit
