Delhi High Court: The present application was filed seeking permanent injunction restraining infringement of trade mark, passing off, unfair trade practice, rendition of accounts, damages against defendant, Wow Punjabi. Anish Dayal, J., passed an ex parte ad interim injunction against defendant and accordingly, defendant, and all others acting for and, on their behalf, were restrained from using, advertising, directly or indirectly dealing in any goods or services under defendant’s trade mark ‘WOW’/‘WOW PUNJABI’/
or any other trade mark which was identical or deceptively similar to plaintiff’s registered trade mark ‘WOW’/‘WOW!MOMO’/
.
Background
Plaintiff claimed that they were registered proprietor of the marks ‘WOW’/’WOW! MOMO’/
. Plaintiff submitted that it coined and adopted the trade marks ‘WOW!’/’WOW! MOMO’ in 2008 for providing products and services in the food industry. Plaintiff’s house mark was ‘WOW!’, which formed the essential and significant feature of all the trade marks and its various marks included 
Plaintiff’s grievance was against defendant who was running a restaurant/outlet under the trade mark ‘WOW’/’WOW PUNJABI’/
. Plaintiff submitted that defendant had adopted the essential and dominant feature of plaintiff’s trade mark ‘WOW’, and the trade dress adopted was also identical with a yellow background, font style and the letter “O” filled with red colour.
On 12-12-2023, plaintiff issued a cease-and-desist notice asking defendant to restrain themselves from using the trade mark ‘WOW’/’WOW PUNJABI’, or any other trade mark deceptively similar to plaintiff’s trade mark. A follow up legal notice was sent on 23-1-2024, however, defendant did not reply to the said legal notice and hence plaintiff filed the present suit.
Comparison between plaintiff and defendant’s trade marks
Analysis, Law, and Decision
The Court opined that plaintiff had made out a prima facie case for grant of an ex parte ad interim injunction and balance of convenience lies in favour of plaintiff and plaintiff was likely to suffer irreparable harm in case the injunction was not granted.
Thus, till the next the next date of hearing, the Court passed an ex parte ad interim injunction against defendant and accordingly, defendant, and all others acting for and, on their behalf, were restrained from using, advertising, directly or indirectly dealing in any goods or services under defendant’s trade mark ‘WOW’/‘WOW PUNJABI’/
or any other trade mark which was identical or deceptively similar to plaintiff’s registered trade mark ‘WOW’/‘WOW!MOMO’/
.
[Wow Momo Foods (P) Ltd. v. Wow Punjabi, 2024 SCC OnLine Del 2146, Order dated 22-3-2024]
Advocates who appeared in this case :
For the plaintiff: Ankur Sangal, Ankit Arvind, Shashwat Rakshit, Advocates
