RCB sues Uber Moto over trademark violation in “Baddies in Bengaluru” ad

New Delhi: Royal Challengers Sports has taken Uber India Systems to the Delhi High Court for allegedly disparaging its trademark.

In the Uber Moto advertisement titled  “Baddies in Bengaluru” featuring Sunrisers Hyderabad player Travis Head, the company pokes fun at the RCB’s trademark, calling them “Royally Challenged Bengaluru”.

The film depicts Head as the character “Hyderabaddie”, who plays pranks on various IPL teams.

Shwetasree Majumder, representing RCB, claimed that the film disparages RCB's trademark.

She added that Uber Moto, which sponsors Sunrisers Hyderabad, used a “deceptive variant” of RCB’s trademark, which is not permissible under law.

“You had millions of creative ways to do advertisement. Did you have to do it using my trademark? And using someone who was earlier with me? Does parity, fair use defence lies in the mouth of Uber Moto?” she said.

Uber Moto argued that the lawsuit has a fundamental problem and that the company has a “severely discounted” view of the audience’s sense of humour.

RCB added that though the company does not clearly use the team’s trademark, it hints at it by showing “Bengaluru vs Hyderabad” in the advertisement.

“This is a targeted attempt to mock and dilute the identity of Royal Challengers Bengaluru,” the counsel submitted.

Uber Moto contested the claims by submitting that RCB has “severely and massively underestimated the Indian public’s sense of humour — including that of their own fanbase.”

The counsel, headed by Justice Saurabh Banerjee, rejected the claim of unauthorised use of trademark, stating, “There is no direct use of the plaintiff’s registered trademarks such as ‘Royal Challengers Bengaluru’. The reference to ‘Bengaluru vs Hyderabad’ is generic and does not amount to infringement.”