Australian cricket star Travis Head is currently caught up in a legal battle during the ongoing IPL season. Royal Challengers Sports Pvt Ltd, the company behind the Royal Challengers Bengaluru franchise, has filed a lawsuit against Uber India Systems Pvt Ltd in the Delhi High Court. The lawsuit claims infringement and disparagement related to an advertisement that aired earlier this month.

In the ad, Head plays a prominent role in a humorous skit centered around the theme of ‘Baddies in Bengaluru.’ He is seen breaking into a stadium and defacing it with the phrase ‘Royally Challenged Bengaluru’ before making a quick getaway by booking an Uber Moto.

RCB's parent company didn't take kindly to this playful wordplay, accusing Uber of distorting their brand and infringing on their copyright by using the phrase ‘Ee saala cup naamde,’ which is a registered trademark of Royal Challengers Sports.

RCB's lawyer, Shwetasree Majumder, told Justice Saurabh Banerjee, according to LiveLaw, “This is a deliberate effort to ridicule and undermine the identity of Royal Challengers Bengaluru.”

Majumder went on to argue that by using RCB's trademark in a negative light to promote its services, Uber was breaking the law, especially since they are commercial partners with a rival team, SRH.

“You had countless creative options for your advertisement. Why did you have to use my trademark? And involve someone who used to be with me?” Majumder pointed out, referring to how Head was previously part of the RCB team before joining Hyderabad. “Can Uber Moto really claim fair use in this situation?”

RCB ought to respond to humor with humor instead of resorting to a lawsuit...

Uber responded strongly to RCB's lawsuit, with their legal team arguing that referencing the franchise falls under fair use and is protected by commercial free speech. "If I'm mentioning RCB as part of the ad's script, I have the right to do so, as long as I don't insult them or exploit their reputation, and it doesn't harm their trademark," stated Uber.

They further explained, "There’s no direct use of the plaintiff’s registered trademarks like ‘Royal Challengers Bengaluru’. The mention of ‘Bengaluru vs Hyderabad’ is a general reference and doesn’t constitute infringement."

Uber's counsel also pointed out that RCB should appreciate the humor typical in such advertisements, noting that the mention of Bangalore was simply due to its notorious traffic. "RCB should respond with humor, not a lawsuit," remarked Uber's representative.

After considering both arguments, Justice Banerjee decided to hold off on a ruling, stating that an injunction can't be granted without proof of active disparagement from the plaintiff: "When you ask someone, whether a layperson or a court, to view the ad and interpret it, I might have a different opinion than yours. That’s where the issue of injunction arises."

"I’m reserving my decision. I will issue an order and resolve the application," the judge concluded, wrapping up this brief off-field dispute between RCB and SRH. The teams are set to clash on May 13 at the Chinnaswamy Stadium, where RCB will aim to settle the score on their home ground.

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