RCB drags Uber India to court over Travis Head ad, calls it 'disparaging'

Royal Challengers Sports, owner of IPL franchise Royal Challengers Bengaluru, on Thursday dragged Uber India Systems to the Delhi High Court for a 'disparaging' advertisement featuring Travis Head, a cricketer from Sunrisers Hyderabad.

RCS said that to promote bike taxi service Uber India in its YouTube advertisement titled "Baddies in Bengaluru ft. Travis Head", referred to as 'Hyderabaddie', is seen dressed in a white shirt and adorning chunky gold chains. In one segment, the Australian opener and his 'gang' are seen running towards Bengaluru's cricket stadium with an aim to vandalise the signage of "Bengaluru v. Hyderabad" match. He is then seen vandalising with spray cans the signage by writing "Royally Challenged" above Bengaluru, which allegedly disparages RCB’s trademark. Upon being spotted by security, Head makes a quick escape on an Uber Moto bike, apparently referring to the service's promptness and reliability. The video has amassed over 1.3 million views.

Justice Saurabh Banerjee during the hearing observed that “prima facie, there is something which requires some changes.”


The court eventually reserved its verdict on the interim prayer by RCB to take down the ad till the matter is finally decided.

RCS said that Uber India, the commercial sponsor of Sunrisers Hyderabad team, used Royal Challengers Bengaluru's trademark in the course of its trade, that too its deceptive variant, which is not permissible in law.

Even the comments of fans on the YouTube video leaves no doubt that Uber India was picking at the Bengaluru team, RCS counsel Shwetasree Majumder said, adding that "you are using a deprecatory variant of my trademark. Everyone in the fanbase understands that you are taking a dig at RCB.”

However, counsel Saikrishna Rajagopal, appearing for Uber, said that RCS had a “severely and massively discounted 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, adding that the ad was just promoting Uber India's bike as a faster transportation alternative in Bengaluru's notorious traffic to reach the stadium on time.

The case is covered by commercial free speech which cannot be injuncted, the Uber India counsel said, adding that the suit was "preposterous" and Royal Challengers Bengaluru should “combat humour with humour and not with a lawsuit.”