Brands love riding a trending moment. But when dozens slapped their logos onto PV Sindhu’s Olympic win to “congratulate” her, it stopped being clever marketing and became infringement. Here’s where the line falls.
What is moment marketing?
Moment marketing is marketing around trending topics or events — brands creating campaigns or posts to ride the popularity of a current moment and stay visible. It isn’t new: Amul’s “Butter Girl” prints capture the news of the day; Netflix, Zomato, Burger King and Pepsi all leverage trends to reach audiences quickly and cheaply.
When it becomes illegal
Riding a trend is usually harmless. But when PV Sindhu won a Tokyo 2020 medal, many brands ran ads pairing her name and face with their own logos and brand. That’s the tipping point: placing brand names and logos in the message is bound to deceive people into thinking the celebrity endorsed the brand — exactly what those brands were trying to exploit.
India has no dedicated statute protecting celebrities’ IP, but several routes protect victims of moment marketing:
1. The Trade Marks Act, 1999
The Act protects registered marks (Section 29) and unregistered marks (Section 27). Many Indian celebrities have registered their names/signatures as trademarks, so unauthorised use of a logo or symbol associated with an event can amount to infringement.
2. Personality (publicity) rights
Also called publicity rights — the right to control commercial use of one’s identity — treated in India as part of the right to privacy under Article 21. Courts have recognised them:
- Titan Industries v. M/s Ramkumar Jewellers — the defendant used images of Amitabh and Jaya Bachchan to advertise diamonds; the Delhi HC held “the right to control commercial use of human identity is the right to publicity.”
- Sourav Ganguly v. Tata Tea Ltd — the court held fame and popularity constitute intellectual property rights.
So victims can seek relief for violation of personality rights — though it remains a niche, case-by-case area.
3. The ASCI Code
Moment marketing can breach Point 1.3 of the ASCI Code, which bars advertisements that, without permission, reference a person in a way that confers unjustified advantage or brings them into ridicule or disrepute. ASCI is self-regulatory and not legally binding, but members are obliged to comply.
The Olympic layer
In Sindhu’s case, the acts also breached the Tokyo Olympics “Brand Protection Guidelines” (violations punishable under Japanese law) and Rule 40 of the Olympic Charter, which restricts endorsement of athletes. The IOC is famously strict about its IP.
PV Sindhu and her agency Baseline Ventures prepared to sue the brands that used her image without authorisation — a case that may set a precedent. India’s framework is still developing, and a comprehensive celebrity-rights statute would help curb unauthorised moment marketing.
The takeaways
- Riding a trend is fine; hijacking a celebrity isn’t. Adding your logo to a star’s moment implies endorsement.
- Three protections exist — trademark law, personality/publicity rights, and the ASCI Code.
- Publicity rights are recognised (Titan, Sourav Ganguly) but remain case-by-case.
- Get permission before featuring a person’s name, face or identity in a brand post.
Frequently asked questions
When does moment marketing become illegal in India? When a brand pairs its name/logo with a celebrity’s name or image without permission, implying endorsement — that can infringe trademark and personality rights.
Do celebrities have personality rights in India? Yes — courts recognise publicity/personality rights as part of the right to privacy under Article 21 (Titan v. Ramkumar; Sourav Ganguly v. Tata Tea).
Is the ASCI Code legally binding? No — it’s self-regulatory, but ASCI members are obliged to comply with it, including Point 1.3 on unauthorised references to a person.
Can a celebrity sue over unauthorised moment marketing? Yes — through trademark infringement and violation of personality rights, as PV Sindhu’s team prepared to do after Tokyo 2020.
Useful official resources
- The Trade Marks Act, 1999
- Advertising Standards Council of India (ASCI)