Delhi High Court declined RCB’s plea to remove Uber’s ad mocking their team. The Court found no urgent need to interfere despite claims of trademark disparagement.
New Delhi: The Delhi High Court on Monday said it will not stop Uber India from running its new advertisement, which Royal Challengers Bangalore (RCB) claims has made fun of their team in a negative way.
Justice Saurabh Banerjee, who was hearing the case, said that at this stage, there is no need for the Court to interfere. The official written order is still not available.
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The advertisement, which caused the problem, shows Australian cricketer Travis Head, who plays for Sunrisers Hyderabad in the IPL. In the ad, he is called a “Hyderabaddie” and is promoting Uber’s bike taxi service, Uber Moto.
In one scene, Travis Head is seen spray-painting the words “Royally Challenged Bengaluru” on a stadium signboard. This is shown just before a made-up cricket match, and RCB believes the line is mocking their team’s name – Royal Challengers Bangalore – and turning it into a joke.
During an earlier hearing, Justice Banerjee had given an oral remark saying that the ad might need some changes.
The judge said,
“Prima facie there is something which requires some changes.”
After that, the court had paused the hearing and reserved the order on whether Uber should be asked to take down the ad while the legal case is still going on.
On April 17, Advocate Shwetasree Majumder appeared on behalf of RCB and strongly argued that the ad is not just a joke or parody, but crosses the line into commercial insult.
She said,
“You are using a deprecatory variant of my trademark. Everyone in the fanbase understands that you are taking a dig at RCB. It basically tries to make me a laughing stock.”
She also explained that IPL teams like RCB are not just cricket teams but big business ventures with a strong fan following and brand value.
She added,
“These are commercial enterprises…You’ve chosen to advertise [your service] by disparaging my mark.”
In response to these arguments, Uber’s lawyer Saikrishna Rajagopal defended the company’s campaign. He said the ad was meant to be funny and light-hearted and not something that insults RCB in a harmful way.
He stated,
“The plaintiff has severely and massively discounted the sense of humour of the viewing public,” adding that the phrase “Royally Challenged” was only a fun reference to RCB’s chances in their upcoming match on May 13 in Bengaluru.
He also made it clear that Uber has no exclusive deal with Sunrisers Hyderabad or any other IPL team and that the ad does not favour any particular franchise.
According to him, the ad is not insulting but just a little bold in its style. He argued that there is no need to remove it after it has already been out for 10 days. He said it would be unfair and unnecessary to stop the ad now.
The hearing went on for nearly two hours before the Court reserved its decision on whether Uber should be temporarily stopped from showing the advertisement while the legal case continues.
For now, the Delhi High Court has refused to order Uber India to take down the ad, saying that it does not see any reason for the Court to step in at this point.
This case brings attention to the growing conflict between creative freedom in advertising and the commercial rights of well-known sports brands like RCB.
As the legal proceedings continue, fans and legal experts alike will be closely watching to see how the Court eventually decides on the fine line between humour and harm in brand-related advertisements.
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