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'Moment marketing' violations: No trademark Act protection against brands

Sporting celebrities in India do not patent or register personal nuances that would allow them to gain relief under Act

P V Sindhu
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P V Sindhu

Surajeet Das Gupta New Delhi
Indian sports stars might find it difficult to get recourse under the Trade Marks Act against ‘moment marketing’ violations, that is when brands insert celebrities into trending moments which are already generating a lot of conversations.

The reason is that sporting celebrities in India, unlike global players, do not patent or register their personal or unique nuances which would allow them to gain relief under the act.    

The issue shot into the public arena after badminton star P V Sindhu’s agency, Baseline Ventures, said they were planning to sue brands who inserted her picture on social media along with their brands