IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
Plaintiff Royal Challengers Bengaluru filed application for temporary injunction against the defendant Uber India or their representatives from broadcasting the advertisement uploaded by the defendant nos.1 and 2 on their social media platforms and/or infringing / disparaging / tarnishing the trademark.
Defendant No.3 is the Australian Cricketer and playing for Sunrisers Hyderabad Cricket team in ongoing ILP 2025.
On 5.4.2025, the defendant no.1 posted the impugned advertisement on Instagram platform in collaboration with defendant No.3, also on its “X” and facebook platforms. The defendant no.2 posted the same on its official YouTube channel.
HELD that plaintiff is at least required to show and establish the elements of disparagement that it is of such a nature which is conveying or seems to convey something negative attributable on the face of it. It has to have an element of demeaning / criticism / condemning / ridiculing / denigrating / defaming / disgracing / belittling / scorning / mocking / falsity with a view to cause injury and/or harm.
Mere presence of reference similar to the RCB trademark on the impugned banner or the poster with slogan thereon in the impugned advertisement cannot be said to be having any elements of disparagement and/or infringement under Section 29(4) of the Trade Marks Act.
Notably, the impugned advertisement involved herein is pertaining to a game, and that too a game of Cricket, the players/ viewers/ followers whereof have their own respective genre, space, devotion, bias and tolerance, as the case may be from stage to stage and time to time, depending upon the situation(s) involved, and have their own preferred manners of engagement with the game. The contours of disparagement and/ or infringement while dealing with an impugned advertisement relating to a game of Cricket cannot be given such a restrictive meaning or viewed by a narrow spectacle.
Judgment dated 5.5.2025 of the High Court of Delhi in CS (COMM) 345/2025 of Royal Challengers Sports Private Limited Vs. Uber India Systems Private Limited and others
