Delhi HC dismisses IPL team RCB's plea to stop Uber Moto's ad with Travis Head
NEW DELHI: The Delhi high court on Monday dismissed a plea by Indian Premier League cricket team Royal Challengers Bengaluru (RCB) seeking an interim injunction against an advertisement of bike taxi service Uber Moto 'Ride like a Hyderabaddie ft. Travis Head' that was claimed to be disparaging to RCB.
According to RCB's plea for interim injunction, the advertisement, which features Sunrisers Hyderabad's cricketer Travis Head, has the Australian cricketer running towards Bengaluru cricket stadium to vandalise the signage of 'Bengaluru Vs Hyderabad'. Head is seen using spray paint to write 'Royally Challenged' before Bengaluru, making it 'Royally Challenged Bengaluru' which disparages RCB's mark.
Justice Saurabh Banerjee declined to grant an interim relief, noting that the court was not inclined to direct Uber to take down its advertisement 'at this stage'.
'The impugned advertisement is in the context of a game- cricket, a game of sportsmanship which in the opinion of this court does not call for any interference of any sort at this stage,' the bench said. A detailed order is yet to be uploaded.
In its suit, argued by advocate Shwetasree Majumder, the IPL team said Uber's actions of using Sunrisers Hyderabad's 'Travis Head' as a character in the video disparaged its mark, since Head wrote 'Royally Challenged' Bengaluru in place of 'Bengaluru'. Majumder also argued that UberMoto illegally used a 'deceptive variant' of RCB's trademark in the advertisement which had garnered over 1.3 million views.
Uber's counsel said that the general messaging of the advertisement was to promote Uber Moto, in the context of the May 13 match between RCB and Sunrisers Hyderabad in Bangaluru — a city known for its gridlocked roads and traffic congestion.
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