The Delhi High Court has dismissed the interim injunction plea filed by IPL team Royal Challengers Bengaluru (RCB) against Uber Moto over an advertisement featuring cricketer Travis Head. The advertisement, uploaded on YouTube and titled “Baddies in Bengaluru ft. Travis Head”, was alleged by RCB to be disparaging and to misuse its trademark.
Justice Saurabh Banerjee, hearing the matter, refused to grant interim relief, stating that the advertisement did not require judicial interference at the current stage.
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“The impugned advertisement is in the context of a game—cricket, a game of sportsmanship—which in the opinion of this court does not call for any interference of any sort at this stage,” the Court observed.
Further, the Court emphasized the need for caution in intervening with such content:
“More so, since, in a case like the present one, interference by this court at this stage would tantamount to fall, allowing the plaintiff to run on water with assurances of their not falling. Accordingly, the present application is dismissed,” the Court added.
The suit had been filed by Royal Challengers Sports Private Limited, the entity behind RCB, challenging Uber Moto’s promotional video which has garnered over 2 million views. The crux of RCB’s complaint lay in the portrayal of Travis Head defacing signage related to the Bengaluru vs. Hyderabad match, spray-painting the words “Royally Challenged Bengaluru” in place of “Bengaluru”.
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RCB’s counsel, Advocate Shwetasree Majumder, argued that the ad made a negative reference to RCB’s identity, thus amounting to trademark disparagement. She contended that Uber Moto, as the official sponsor of the Sunrisers Hyderabad team, used a deceptive variant of RCB’s trademark in a commercial setting.
“The moment a negative comment is made, there is disparagement,” Majumder submitted, adding that Uber Moto’s actions were not permissible under trademark law.
She pointed out that fan comments on the video made it evident that viewers perceived it as targeting RCB, reinforcing the claim that Uber Moto was capitalizing on RCB’s brand identity.
On the other hand, Advocate Saikrishna Rajagopal, appearing for Uber Moto, defended the ad, calling RCB’s claims exaggerated and dismissive of general public sentiment.
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“RCB has a ‘severely discounted’ sense of humour of the public at large,” Rajagopal stated.
He argued that the ad simply aimed to highlight the match between RCB and Sunrisers Hyderabad scheduled for May 13 in Bengaluru and promoted Uber Moto as a travel solution for traffic congestion.
He further asserted that the video fell within the ambit of commercial free speech and did not merit legal restraint.
“This is covered by commercial free speech which cannot be injuncted,” Rajagopal said, terming the lawsuit “preposterous” and adding that “RCB should combat humour with humour and not with a lawsuit.”
In response, Majumder reiterated that humor cannot justify the use of a deceptive trademark variant in a commercial context. She stressed that while humor is acceptable, Uber Moto’s actions crossed legal boundaries by leveraging RCB’s trademark value for advertising.
The Delhi High Court, however, remained unconvinced by RCB’s arguments at this stage, ultimately dismissing the plea for interim relief. The suit continues to be pending before the court for further proceedings.
Title: Royal Challengers Sports Private Limited v. Uber India & Ors.
