Advertisement was used to promote a taxi-hailing company for his services in Bengaluru before facing RCB on 13 May.
Royal Challengers Bengaluru’s (RCB) plea against a famous Indian taxi-hailing company has been denied by the Delhi High Court. Last month, RCB had filed a suit against the company for disparaging them.
RCB’s trial plea
On April 5, the advertisement was released featuring Sunrisers Hyderabad’s (SRH) star opener, Travis Head, where he can be seen taking aim at RCB. In the viral ad, Head can be seen using paint and calling RCB ‘Royally Challenged Bengaluru’.
“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?” RCB’s council, Shwetasree Majumder, had told the court.
Court rejects plea
Justice Saurabh Banerjee dismissed the plea, stating that the advertisement wasn’t made with the intention of infringement or defamation of RCB.
“All throughout the impugned advertisement, there is no (in)direct imputation/ insinuation/ comparison/ exaggeration/ sensationalism/ distortion of matters of fact of any kind by any of the defendants against the RCB trademark/ RCB cricket team,” the court said.
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