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The Delhi High Court prohibited Franchise Byte from using the trademark “WOW! MOMO” and ordered it to remove all Wow Momo-related videos and content from its website and YouTube channel.
Wow! Momo
Wow! Momo is a fast-food restaurant chain headquartered in Kolkata and is operated by Wow Momo Foods Private Limited. Its specialities include a variety of Momos and momo-based desserts. Wow! Momo has almost 300 locations in 17 cities.
Franchise Byte
It is a B2B service based in Bangalore. This franchise consultant service provides franchise business opportunities in India and assists in locating information about Top Franchise Brands and connecting with them.
WoW Momo Foods Private Limited v. Franchise Byte
Facts
Wow! Momo, the plaintiff, alleged that Franchise Byte had utilised the registered trademark “WOW MOMO” on its website, leading to trademark infringement. Additionally, the plaintiff claims that the defendant’s website misleads individuals into thinking that Wow! Momo is providing franchises through Franchise Byte, deceiving the general public. The allegation is made about a You Tube video in which representatives of the defendant’s website promoted franchises for Wow Momo’s business. Wow! Momo seeks a permanent injunction to restrain Franchise Byte from using or publishing any content with the trademark “WOW MOMO” or any similar mark identical to the plaintiff’s registered trademarks. The plaintiff also seeks the removal of specific posts on YouTube and Franchise Byte’s website.
[Image Sources: Shutterstock]
Court’s Decision
In issuing summons in the case, Justice Shankar stated that if an ex parte order fails to be granted in favour of Wow Momo, the defendant’s website will continue to mislead the public at the expense of the former.
The following interim directions are issued until the next hearing date.
- The defendant is not allowed to use, share, or promote any videos featuring the trademark “WOW! MOMO” or any similar mark that might mislead or deceive viewers, as it resembles the plaintiff’s registered trademark for any purpose.
- The defendant must eliminate all content related to the plaintiff and any mention of the trademark “WOW! MOMO” from the website www.franchisebyte.com.
- Additionally, all videos referring to the plaintiff or the registered trademark “WOW! MOMO” must be removed from the defendant’s YouTube channel.
- Furthermore, the court has mandated that the defendant reveal the identities of all individuals to whom they had purportedly granted franchises of the plaintiff and the earnings gained from such actions.
Conclusion
The allegations of Franchise Byte using Wow! Momo’s trademark on its website and YouTube channel brings attention to the impact of digital platforms in perpetuating trademark disputes. The lawsuit has serious legal ramifications for Franchise Byte and could result in severe consequences. Moreover, the case serves as a reminder of the importance of safeguarding trademarks for businesses and protecting brand identity. This legal conflict highlights the crucial issue of trademark infringement and its implications on industries. The unauthorised use of registered trademarks can severely impact the brand’s reputation, which takes years of hard work to build and potentially mislead consumers. In this case, it not only affects Wow! Momo’s reputation also raises concerns about deceptive practices involving the public. In today’s digital age, online presence shapes public perception. The interconnectedness of the online world means that once something is posted, it can quickly spread, and the easy accessibility of such information causes severe damage to a brand’s reputation.
Author: Aditi Sharma, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.
References
- https://www.scconline.com/blog/post/2023/10/30/delhi-hc-grants-interim-injunction-to-wow-momos-foods-private-limited-legal-news/
- https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-FranchiseByte-youtube-videos-wow-momo-trademark-241169?infinitescroll=1
- Wow Momo Foods Pvt. Ltd. v. FrachiseByte, CS(COMM) 778 of 2023