The Delhi High Court barred FranchiseByte from using the trademark 'WOW! MOMO' ordered it to remove all Wow Momo-related videos and information from its website and YouTube channel.
On October 20th, Justice C Hari Shankar issued the order, noting that by exploiting the Wow Momo trademark, the defendant not only infringed on the trademark but also misled individuals.
Wow! Momo filed a complaint with the High Court for trademark violation and passing off. It claimed that FranchiseByte was misleading and cheating the public by attempting to portray a relationship between Wow! Momo and itself.
According to the Court, FranchiseByte advertised itself as a company that can provide franchises for Wow! Momo in the eyes of others.
Nonetheless, Wow! Momo said that it does not use a franchising model and operates all of its outlets in-house.
The Court heard the matter and ordered FranchiseByte not to post films containing the WOW! MOMO trademark and to remove all videos mentioning the plaintiff.
The defendant is also directed by the Court, in its reply, to disclose all persons to whom it has issued purported franchises of the plaintiff using the preceding approach, as well as the amount gained from such operations.
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