The Delhi High Court recently restrained FranchiseByte from using the trademark ‘WOW! MOMO’ and ordered it to take down all videos and content related to Wow Momo from its website and YouTube channel..Justice C Hari Shankar passed the order on October 20 noting that by using Wow Momo trademark, the defendant not only infringed on the trademark but also defrauded people..Wow! Momo moved the High Court alleging for trademark infringement and passing off. It claimed that FranchiseByte was misrepresenting and defrauding the general public by trying to portray some kind of relationship between Wow! Momo and itself.The Court was told that FranchiseByte was holding itself out as an agency which can provide franchises for Wow! Momo to others. However, Wow! Momo argued that it does not have any franchise model and runs all its stores itself..The Court considered the case and restrained FranchiseByte from publishing any video reflecting the WOW! MOMO trademark and also ordered it to take down all videos referring to the plaintiff.“The defendant is further directed, in its reply, to disclose all persons to whom, by the above method, it has granted purported franchises of the plaintiff, as well as the amounts that it has earned from such activities,” the Court ordered..Wow Momo Foods Private Limited was represented by Ankur Sangal, Partner, Khaitan & Co, along with Ankit Arvind (Senior Associate), Kiratraj Sadana (Associate) and Nidhi Pathak (Associate).FranchiseByte went unrepresented. .[Read Order]
The Delhi High Court recently restrained FranchiseByte from using the trademark ‘WOW! MOMO’ and ordered it to take down all videos and content related to Wow Momo from its website and YouTube channel..Justice C Hari Shankar passed the order on October 20 noting that by using Wow Momo trademark, the defendant not only infringed on the trademark but also defrauded people..Wow! Momo moved the High Court alleging for trademark infringement and passing off. It claimed that FranchiseByte was misrepresenting and defrauding the general public by trying to portray some kind of relationship between Wow! Momo and itself.The Court was told that FranchiseByte was holding itself out as an agency which can provide franchises for Wow! Momo to others. However, Wow! Momo argued that it does not have any franchise model and runs all its stores itself..The Court considered the case and restrained FranchiseByte from publishing any video reflecting the WOW! MOMO trademark and also ordered it to take down all videos referring to the plaintiff.“The defendant is further directed, in its reply, to disclose all persons to whom, by the above method, it has granted purported franchises of the plaintiff, as well as the amounts that it has earned from such activities,” the Court ordered..Wow Momo Foods Private Limited was represented by Ankur Sangal, Partner, Khaitan & Co, along with Ankit Arvind (Senior Associate), Kiratraj Sadana (Associate) and Nidhi Pathak (Associate).FranchiseByte went unrepresented. .[Read Order]