Indian Athletes Step up Fight Against Brands

As congratulatory messages flooded social media after athletes PR Sreejesh and Manu Bhaker won medals, the issue of unauthorized use of their name, image, or likeness for commercial purposes has resurfaced. While moment marketing on social media is creative, it crosses into ambush marketing when brands use celebrity images to suggest false endorsements. This issue became prominent during the 2020 Tokyo Olympics when brands posted congratulatory messages featuring PV Sindhu’s image alongside their logos, creating a misleading impression of endorsement.

The International Olympic Committee (IOC) clearly spells out the threat of ambush marketing i.e., how it may negatively impact the integrity of the brand and affect its partners in its Marketing Media Guide and the Brand Protection Guide. The IOC has also provided illustrative guidance on what type of brand promotion is allowed, especially on social media in line with Rule 40 of the Olympic Charter, for Non-Olympic partners especially pertaining to restrictions during and after the game period.

Players might additionally have to fight their own battles in their home ground to fend themselves of the unnecessary gains that non-endorsing brands get by piggybacking on the sportsperson’s image. To do that, Indian Sports Celebrities can take refuge under Section 29 and 27 of the Trademark Act, 1999, to prevent unauthorized use of their names, signatures, images etc. In addition, publicity rights i.e., the right to control commercial use of one’s human identity has been provided under the Article 21 of the constitution as a form of right to privacy. The Copyright Act, 1957, also safeguards against the unauthorized use of an individual’s image. Moreover, Chapter 1 Rule 3 of the Advertising Standards Council of India (ASCI) code provides that Advertisements must not reference any person, firm, or institution without their permission, especially if it could unfairly benefit the product or harm the reputation of the mentioned party. If requested by the Advertising Standards Council of India (ASCI), advertisers and agencies must provide proof of explicit permission from the referenced party.