The Delhi High Court has reserved its order on a legal plea filed by Royal Challengers Bengaluru (RCB) against Uber Moto, concerning a YouTube advertisement allegedly targeting and disparaging RCB’s trademark.
The suit was heard by Justice Saurabh Banerjee, who stated:
“I am reserving order. I will pass the order and will dispose of the application.”
The case, brought by Royal Challengers Sports Private Limited, targets an Uber Moto YouTube video titled “Baddies in Bengaluru ft. Travis Head”. The 59-second ad has already gathered over 1.3 million views.
Representing RCB, Advocate Shwetasree Majumder walked the court through the ad's visuals. She claimed that the content clearly mocked and misused the RCB brand and logo. According to her:
“Travis Head, in the ad, runs towards the Bengaluru stadium intending to vandalize signage reading ‘Bengaluru v. Hyderabad’. He sprays over ‘Bengaluru’ and writes ‘Royally Challenged’ Bengaluru in its place.”
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Majumder argued that this change directly attacked the RCB brand, making fun of it. She highlighted that Uber Moto, while acting as a commercial sponsor of Sunrisers Hyderabad, used RCB’s registered trademark or a deceptive version of it, which is not legally permitted.
“The moment a negative comment is made, there is disparagement.”
She further pointed to viewer comments on the video, saying they clearly showed the public understood the ad as mocking RCB. She asked the court:
“Did Uber have to use my trademark? And use a player who previously played for RCB? Is this fair use or deceptive marketing?”
Uber’s legal team pushed back hard. They claimed that RCB was taking the matter too seriously and had misunderstood the humour in the ad. Uber’s counsel argued:
“There is a fundamental problem with this suit. RCB has a severely discounted sense of humour.”
Uber’s position was that the ad simply promoted their bike taxi service in light of the upcoming match between RCB and Sunrisers Hyderabad scheduled for May 13, in a city known for traffic congestion. Their message was: “Avoid traffic – take Uber Moto.”
Justice Banerjee noted two important points he was considering:
“One, Uber is the advertising partner of Sunrisers Hyderabad. Two, Travis Head is a player for that team.”
Uber’s lawyer emphasized that Travis Head does not call RCB “baddies” in the ad. Instead, the ad says that RCB would be “royally challenged”, playing off the upcoming match, and that there’s no harm to RCB’s trademark or reputation.
“In the past, media headlines have also used the phrase ‘RCB has been royally challenged’.”
Justice Banerjee made a key observation during the hearing:
“This is open to interpretation. The moment you ask a layman or a Court to watch the ad and decipher it, opinions can differ. That’s where the injunction issue arises.”
Uber's legal team insisted that their content falls under commercial free speech, which is protected and cannot be blocked easily.
“The suit is preposterous. RCB should counter humour with humour, not with lawsuits.”
Majumder, on behalf of RCB, responded by saying there’s no issue with humour, but Uber’s ad:
“Takes RCB’s trademark, modifies it deceptively, and uses it commercially. That’s not allowed.”
Uber’s lawyer maintained that fun and banter are essential to advertising:
“If I refer to RCB in the ad and do so without harming their reputation, I am allowed to. As long as it’s not disparaging or misleading.”
Title: Royal Challengers Sports Private Limited v. Uber India & Ors.