TRADEMARK INFRINGEMENT CASE: DELHI HIGH COURT RESTRAINS WOW! MOMO FROM USING MARK ‘WOW! CHINA BISTRO’

The trademark infringement has become an all-national issue as every other organization, whether a food organization or any other grocery app, has faced this tiff in the market. The other online fast food seller CHINA BISTRO has faced the same as they have filed a suit against WOW! MOMO for using WOW! CHINA BISTRO CHINA BISTRO is another food joint. Both the food joints are different organizations but names being the same has made a normal rational human think that the firm is run by the same person where the other organization would face a downfall in earnings.

The learned counsel from the respondent side (CHINA BISTRO) was represented by senior advocates Chander Mohan Lall with other advocates namely Ashish Batra, Sarthak Sachdeva, Ananya Chugh, and Wattan Sharma. They presented their argument that WOW CHINA was being used by WOW! MOMO earlier but from 2019 it has started using the “BISTRO” word along with other words which draw similarities between the two.

Whereas, the defendant’s (WOW! CHINA BISTRO) counsel was represented by Vivek Vibhu, Abhrajit Chowdhry, and Shuvaish Sen Gupta who defended their stand by saying that neither the word “BISTRO” nor “CHINA” has been registered by the firm itself so they have no legal right against the name used. 

To hearing the allegations put by them, JUSTICE C HARI SHANKAR gave an interim order dated 3^rd August 2023 where they said that the above two marks are though similar and a normal individual cannot figure out the difference between the two and can misunderstand the collaboration of the two marks but in reality, they are two different food chains. The Judge even made it clear that the CHINA BISTRO holds no absolute right to both words. The Justice even gave allowances to WOW! CHINA to use the word WOW! CHINA but not BISTRO along with it until an order has been passed on the matter. 

WRITTEN BY- LAKSHIKA TOMER, COLLEGE – CHANDERPRABHU JAIN COLLEGE OF HIGHER, STUDIES, GGSIPU, AN INTERN UNDER LEGAL VIDHIYA

Admin