The IOS Sports & Entertainment, managing Manu Bhaker, has taken legal action against several brands using her photos and videos in congratulatory ads without sponsorship. Neerav Tomar, MD of IOS Sports & Entertainment, highlighted that this unauthorized “moment marketing” is illegal, and legal notic
IOS Sports & Entertainment, the company managing Paris Olympic Medalist Manu Bhaker has taken legal action against several brands that have used her photos and videos in congratulatory ads without her sponsorship. Neerav Tomar, MD of IOS Sports & Entertainment, noted that this unauthorized use of Bhaker’s image for “moment marketing” is illegal, and legal notices are being served to these brands.
Legal Action Against Brands
- Manu Bhaker’s team has served legal notices to various brands for ‘moment marketing.’
- Moment marketing is a strategy where brands capitalize on trending events or topics to gain rapid exposure and popularity without sponsoring the athlete.
- Various prominent brands have posted images in congratulatory advertisements without official sponsorship.
- Currently, Bhaker is endorsing a single brand called Performax Activewear, a fitness and sports gear company.
Manu Bhaker’s achievements in Olympics 2024
- Manu Bhaker, India’s maestro in pistol shooting, has etched her name in the history books by becoming the first athlete after independence to win two medals in a single edition of the Olympics.
- She has won bronze in the 10m air pistol individual event and a bronze medal in the 10m air pistol mixed team.
- She is also in contention for a medal in the 25m air pistol event scheduled to take place on August 2.
Athletes facing similar issue
- Manu Bhaker is not alone; many other Indian athletes who competed in the Paris Olympics have also encountered unauthorized use of their images by brands.
- A representative from Baseline Ventures, the agency representing boxer Nikhat Zareen and badminton duo Chirag Shetty and Satwiksairaj Rankireddy, stated “Brands that do not sponsor our athletes cannot legally use their images in advertisements. If they do, we will take strict legal action,”
- Previously, in the 2020 Tokyo Olympics, P.V. Sindhu’s name was also used for moment marketing.
Legal Remedies in India
- In India, celebrities are vested with IP rights with regard to their names, performances, or images.
- Using brand names and logos in congratulatory messages without explicit celebrity endorsement is misleading and illegal. Brands often exploit this tactic to capitalize on a celebrity’s popularity.
- Personality rights in India are protected under the right to privacy (Article 21 of the Constitution). This means individuals have the exclusive right to control the commercial use of their identity.
- In the landmark case of Titan Industries v M/s Ramkumar Jewellers[1], the Delhi High Court ruled that “When the identity of a famous personality is used in advertising without their permission, the complaint is not that no one should not commercialize their identity but that the right to control when, where and how their identity is used should vest with the famous personality.”
The prevalent issue underscores the importance of athletes’ rights to control their image and prevent unauthorized commercial exploitation. As the legal landscape evolves, brands must respect these boundaries and athletes to safeguard their commercial interests.
[1] 2012 (50) PTC 486 (Del).