Delhi High Court Halts FranchiseByte’s Misuse of ‘WOW! MOMO’ Trademark
In a recent verdict, the Delhi High Court has issued a restraining order against FranchiseByte, barring the unauthorized use of the trademark ‘WOW! MOMO’. The order was passed on October 20 by Justice C Hari Shankar, who noted that the misuse of the trademark was not only an infringement but also an act of defrauding the public.
Wow! Momo, a well-known food outlet, approached the High Court alleging trademark infringement and passing off by FranchiseByte. The latter was accused of misrepresenting a fabricated association between itself and Wow! Momo, thereby misleading the general public. FranchiseByte purportedly claimed to be an agency capable of offering franchises for Wow! Momo, a proposition that was debunked by the plaintiff.
Wow! Momo clarified that it operates on a standalone model, running all its outlets independently without franchising any operations. The misrepresentation by FranchiseByte was thereby seen as a deceitful act, aimed at misleading potential franchisees and the public at large.
In light of the evidence, the Court directed FranchiseByte to cease the publication of any content bearing the WOW! MOMO trademark. This includes the removal of all related videos from its website and YouTube channel. The Court further instructed FranchiseByte to disclose in its reply, all individuals to whom it had purportedly granted franchises, along with the revenue generated from such deceptive activities.
Representing Wow Momo Foods Private Limited were Ankur Sangal, Partner at Khaitan & Co, alongside Senior Associate Ankit Arvind, and Associates Kiratraj Sadana and Nidhi Pathak. Interestingly, FranchiseByte chose not to have representation in court, further tilting the scales in favor of Wow! Momo.
The verdict has been seen as a stern message against unauthorized use and misrepresentation of established trademarks, reinforcing the significance of intellectual property rights in maintaining a fair and competitive business landscape.
