RCB Drags Uber To Court Over Travis Head's Ad Campaign

SUMMARY

RCB argued that Uber Moto, a commercial sponsor of Sunrisers Hyderabad (SRH), used the formers’ trademark for commercial gain without consent

Justice Saurabh Banerjee, after hearing the matter at length, reserved judgment on RCB's plea seeking an interim injunction

RCB’s counsel Shwetasree Majumder further alleged that the advertisement not only uses a “deceptive variant” of the team’s name but also mocks its brand

With the IPL fever in full swing and brands rushing to cash in on the excitement, Royal Challengers Bengaluru (RCB) has moved to the Delhi High Court against Uber, alleging damaging its brand’s reputation in a recently released advertisement.

RCB argued that Uber Moto, a commercial sponsor of Sunrisers Hyderabad (SRH), used the formers’ trademark for commercial gain without consent.

Justice Saurabh Banerjee, after hearing the matter at length, reserved judgment on RCB’s plea seeking an interim injunction, LiveLaw reported.

While not condemning the ad’s content outright, Justice Banerjee seemed to raise concerns about its placement on YouTube, a platform with vast reach. He suggested that the ad’s visibility could amplify reputational harm to RCB, even if unintended.

“Prima facie there is something which requires some changes,” Bar and Bench cited Banerjee as saying this on the matter.

Appearing before Banerjee, RCB’s counsel Shwetasree Majumder further alleged that the advertisement not only uses a “deceptive variant” of the team’s name but also mocks its brand, thereby diluting its trademark.

The ad in question features Sunrisers Hyderabad (SRH) player Travis Head (a former RCB team member) vandalising signage by altering “Bengaluru vs Hyderabad” to “Royally Challenged Bengaluru vs Hyderabad” using spray paint.

RCB took particular offence to the phrase “Royally Challenged,” viewing it as a mocking distortion of their trademark and brand identity.

Uber Moto’s legal counsel, however, argued that the advertisement is satirical and playful in nature, and falls within the permissible limits of commercial free speech.

Defending the ad’s messaging, the counsel stated that it refers to a match between Royal Challengers Bangalore and Sunrisers Hyderabad to be held at the Bengaluru stadium on May 13. Given the city’s notorious traffic congestion, the ad encourages the public to opt for Uber Moto as a convenient mode of transport.

Ad Wars Between Companies

In the ad in question, Australian cricketer Head transforms into a boisterous Hyderabadi.

The campaign created by Uber taps into the hype around Head in Indian social media after the cricketer played a key role in Australia’s victories over India in World Cup 2023 and WTC finals in 2023.

As a result of his popularity and the broader IPL craze, the ad has garnered over 1.3 Mn views in the last 12 days on YouTube.

IPL teams invest heavily in their brand identity, and RCB is trying to protect this identity.

The development comes at a time when ads have often resulted in lawsuits between companies. Just a day ago, Honasa Consumer sued Hindustan Unilever (HUL) over a Lakme advertisement that it claims to be “disparaging” and “misleading”.