New Delhi: The Delhi High Court on Monday, May 5, dismissed a plea by the Indian Premier League cricket team Royal Challengers Bengaluru (RCB) seeking an interim injunction on an alleged disparaging YouTube advertisement of Uber Moto featuring Sunrisers Hyderabad’s cricketer Travis Head.
Justice Saurabh Banerjee said the advertisement does not call for any interference at this 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 of this court at this stage while considering the application.
“More so, since, in a case like the present one, interference by this court at this stage would tantamount to … allowing the plaintiff to run on water with assurances of their not falling. Accordingly, the application is dismissed,” the court said.
The court pronounced the order on an interim application by RCB, and the detailed order is awaited.
Royal Challengers Sports Private Limited filed a suit against Uber India Systems Pvt Ltd, claiming that Uber Moto’s YouTube advertisement, “Baddies in Bengaluru ft. Travis Head,” disparages its trademark.
Earlier, describing the video advertisement, RCB’s counsel said the cricketer could be seen running towards Bengaluru cricket stadium to vandalise the signage of “Bengaluru Vs Hyderabad”, takes a spray paint and writes “Royally Challenged” before Bengaluru, making it “Royally Challenged Bengaluru” which disparages RCB’s mark.
The lawyer contended that when a negative comment is made, there is disparagement and added that Uber Moto, being the commercial sponsor of Sunrisers Hyderabad IPL team, while promoting its product of booking a ride, used RCB’s trademark in the course of its trade, that too its “deceptive variant”, which was impermissible under law.
The counsel representing Uber said RCB had “severely discounted” the public’s sense of humour.
Uber’s counsel said good humour, sense of fun and banter are intrinsic to advertising messaging and these factors “will be killed” if such a standard, as mooted by RCB, is applied.
The advertisement, by then, had garnered 1.3 million views and a number of comments from users on the social media platform.
(With inputs from PTI)
