The Delhi High Court on Monday dismissed a plea filed by Indian Premier League (IPL) franchise Royal Challengers Bengaluru (RCB) seeking an interim injunction against a YouTube advertisement by Uber Moto, featuring Sunrisers Hyderabad cricketer Travis Head, which allegedly mocked the team’s name and reputation.
Justice Saurabh Banerjee observed that the video, titled “Baddies in Bengaluru ft. Travis Head”, was contextual and humorous in nature and did not warrant judicial interference at the interim stage. “The impugned advertisement is in the context of a game of cricket, the game of sportsmanship, which, in the opinion of the court, does not call for any interference,” the court noted.
The judge remarked that granting relief would be akin to allowing the plaintiff “to run on water with assurances of their not falling.” Accordingly, the court dismissed RCB’s application, though the detailed order is awaited.
Royal Challengers Sports Private Limited had filed the suit against Uber India Systems Pvt Ltd, alleging that the advertisement amounted to trademark disparagement. RCB’s legal team argued that in the video, Travis Head is shown running towards a stadium in Bengaluru and spray-painting “Royally Challenged Bengaluru” over signage that originally read “Bengaluru Vs Hyderabad”, which, they claimed, insulted the RCB brand.
The counsel further alleged that Uber, being a commercial sponsor of Sunrisers Hyderabad, unfairly exploited RCB’s trademark by using a “deceptive variant” in a commercial setting, which amounted to trademark misuse and disparagement.
Uber’s legal team, however, defended the advertisement, stating that it was a light-hearted take meant to reflect sporting rivalry, not malice. “RCB has severely discounted the sense of humour of the public at large,” Uber’s counsel argued, adding that humour, banter, and satire are inherent elements of advertising, especially in a sporting context.
At the time of the hearing, the video had garnered over 1.3 million views and elicited a flood of comments and reactions from viewers online.
