Royal Challengers Bangalore moves Delhi High Court against Uber over ad featuring Travis Head

IPL franchise Royal Challengers Bangalore (RCB) has dragged Uber to the Delhi High Court over its IPL-themed advertisement featuring Sunrisers Hyderabad cricketer Travis Head..The case was filed by RCB alleging trademark disparagement.Justice Saurabh Banerjee, who heard the matter, made a prima facie oral observation in favour of RCB.“Prima facie there is something which requires some changes,” the single-judge said.The Court eventually reserved its verdict on the interim prayer by RCB to pull down the ad till the matter is finally decided..The controversy arose over Uber’s ‘Hyderabaddie’ campaign for its bike taxi service, Uber Moto, which features Travis Head spray-painting “Royally Challenged Bengaluru” over a stadium sign ahead of a Hyderabad vs Bengaluru match. In the campaign, Travis Head, representing Sunrisers Hyderabad, adopts the persona of the 'Hyderabaddie and enters the home stadium of RCB. Head sneaks into a stadium before a match between Bengaluru and Hyderabad. He spray-paints the phrase "Royally Challenged" over a signboard displaying "Bengaluru vs Hyderabad", an alleged jab at the Royal Challengers Bangalore team. Upon being spotted by security, Head makes a quick escape on an Uber Moto bike, apparently referring to the service's promptness and reliability ..Appearing for RCB, advocate Shwetasree Majumder argued that the ad crosses the line into commercial disparagement. “You are using a deprecatory variant of my trademark. Everyone in the fanbase understands that you are taking a dig at RCB,” she said. “Did you have to use someone who was with me? (Travis Head) It basically tries to make me a laughing stock.”She also highlighted the emotional and commercial value IPL teams hold among fans.“These are commercial enterprises. There is commerce involved. It’s a commercial product, and you’ve chosen to advertise it by disparaging my mark,” she submitted. She further contended that the ad clearly refers to RCB and the wordplay on their trademark and the using the words 'Ee Saala Cup Namde' is clearly disparaging. .In response, advocate Saikrishna Rajagopal, representing Uber, argued that the suit disregards the humour and context of the campaign. “The plaintiff has severely and massively discounted the sense of humour of the viewing public. Travis Head is simply saying RCB will be Royally Challenged in the upcoming May 13 match in Bengaluru,” he said.He contended that the ad simply means that fans can use Uber Moto on the match day to avoid heavy Bengaluru traffic. Rajagopal denied any exclusive association between Uber and Sunrisers Hyderabad. “I have no tie-up with any one team. I may have commercial arrangements, but I am not promoting a particular team. Is this content disparaging? It may be a tease, it may be provocative,” he contended.He informed the Court that the advertisement was published nearly 10 days ago and it would not be prudent to take it down now. .The Court after hearing the parties remarked,"Outside this court, lawyers who are not in the IPR field don't think the way you think. He is the star player of Sunrisers Hyderabad, to which you are the advertising partner.".The Court had earlier suggested Uber to consider stopping or modifying the ad, observing that “prima facie there is something which requires some changes.”However, Rajagopal contended that he be heard before the Court comes to a conclusion on the same. The Court thus proceeded to hear the case. .After hearing the parties for nearly two hours, the Court reserved its verdict on the plea for ad interim injunction.