The Delhi High Court refused to grant interim injunction relief to the Indian Premier League (IPL) franchise Royal Challengers Bengaluru (RCB) in a suit filed against Uber India Systems Pvt. Ltd. The dispute arose from a YouTube advertisement released by Uber as part of its "Hyderabaddie" campaign, which features Australian cricketer Travis Head, currently playing for Sunrisers Hyderabad (SRH).
Justice Saurabh Banerjee, presiding over the matter, dismissed RCB's application for interim restraint on the advertisement. The Court observed that the promotional video centred around cricket, a sport known for its spirit of sportsmanship did not justify judicial intervention at this stage.
Quoting the Court's reasoning, the judgment noted that interference in a matter of this nature, especially at a preliminary stage, would be akin to permitting a litigant to “run on water with assurances of not falling,” implying the absence of immediate necessity for injunctive relief.
The advertisement in question includes a scene where Travis Head is shown humorously modifying a stadium banner to read “Royally Challenged Bengaluru”, a pun derived from RCB’s official name. RCB contended that this constituted both an infringement and dilution of their registered trademark and brand value, particularly due to the use of their popular slogan “Ee Sala Cup Namde.” The team argued that the ad amounted to a commercial jibe, made worse by the fact that Uber is an official sponsor of SRH, a direct competitor.
Uber countered the claims by asserting its right to commercial expression, characterizing the video as creative marketing that falls within permissible boundaries of advertisement law.
Though the Court noted that RCB’s allegations may carry some initial substance, it ultimately found no cause for urgent intervention. As a result, the interim plea was dismissed.
Source Link
Picture Source :
