PV Sindhu may take brands to court for ‘moment marketing’

Baseline Ventures, the sports marketing agency that manages all commercial deals of Sindhu, will be sending legal notices on her behalf, seeking damages worth ₹5 crore from each of these companies.

“We are surprised that such leading Indian and global firms are resorting to such forms of communication to associate with our athletes, which is in complete breach of their IPR and privacy,” Baseline Ventures MD Tuhin Mishra told ET.

While many fans and companies put out congratulatory posts on social media, these brands used their logos and brand name along with the athlete.

As per marketing experts, this is called ‘moment marketing’.

Brands insert themselves in the ongoing conversation to take advantage of ongoing events by creating communications and marketing collateral around such events.

Amul has been doing it successfully for many years, and last month Domino’s did the same when they announced free pizza for life for silver medal winner Mirabai Chanu.

Only in her case, the pizza brand inked a digital activation pact with the 26-year-old weightlifter later. It was her first deal, post her podium finish at the Tokyo Olympics.

However, in Sindhu’s case, who already has many brand associations, these kinds of posts come at a cost. “In a way, these tactics are also unfair to genuine firms who have supported the athlete round the year. Would these very firms try the same gimmicks with some of our leading cricketers? I doubt it. It’s time we all stand up to such unethical practices and we will do everything possible to protect our athletes and their rights,” Mishra added.

Perfetti Van Malle, P&G and Apollo Hospitals refused to comment.

This is not the first time when brands have been sued for using celebrities or sports athletes. Many brand experts call such practices gimmicky, as they seek to latch on the popularity of the celebrity, without getting into a commercial deal with them.

Offering legal opinion, Kaushik Moitra, partner at law firm Bharucha & Partners, said, “The right of publicity has also evolved from the right of privacy, which is a fundamental right in India. Additionally, a celebrity holds a copyright in their performance and is entitled to restrain others from exploiting their intellectual property for commercial purposes. Thus, a celebrity’s name, voice, image, or other personal attributes cannot be exploited without their permission.”