Olympic gold rush for brands: Athletes fight back against unauthorised ads

Representatives of Indian Olympic medalists are preparing legal action against brands using their athletes' images in congratulatory ads without sponsorship

Brands using the images and videos of Indian Olympic medalists in congratulatory advertisements without having sponsored the athletes are about to face legal action for infringing on personality rights, The Economic Times reported, citing top athlete representatives in the country.

This comes after the victory of Manu Bhaker, the 22-year-old shooter who won a bronze medal at the Paris Olympics on Sunday, received numerous congratulatory messages from brands that neither sponsored her nor had any affiliation with her.

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Nearly two dozen brands that are unassociated with Bhaker posted congratulatory ads on social media featuring her images alongside their logos since the previous day. This is illegal and legal notices are being sent to these brands, describing it as a case of free-moment marketing, the business daily said quoting Neerav Tomar, managing director of IOS Sports & Entertainment, which manages Bhaker.

Brands such as Bajaj Foods, LIC, FIITJEE, Oakwood International School, Praneet Group, Radha TMT, Apricot Bioscience, Kineto, Xtrabrick Realtors, and Parul Ayurved Hospital are among those that capitalised on Bhaker’s success.

Currently, Bhaker only endorses Performax Activewear, a sports gear and fitness fashion company, though about six other brands are in talks with her for endorsements or sponsorships, the report said.

Executives pointed out that this issue is widespread and growing. “Brands that don’t sponsor our athletes cannot legally use their images in advertisements on social media or elsewhere. If they do, we will take strict action,” a spokesperson from Baseline Ventures, which represents boxer and two-time world champion Nikhat Zareen, as well as badminton doubles players Chirag Shetty and Satwiksairaj Rankireddy, told the business daily.

Personality rights in India

They also noted that legal processes in India can be prolonged. The report cited another executive from a large sports management firm saying that there should ideally be immediate legal remedies and that the government should address this matter since it involves national champions with significant individual net worth.

Lawyers are of the opinion that personality rights, including the rights of publicity over images and achievements, are well established in many global markets to prevent commercial exploitation without permission or compensation and to protect privacy rights. This is similar to unauthorised trademark use but observed that Indian celebrities have not engaged in enough litigation, although the number of such cases is increasing, the report added.

Manu Bhaker opens India’s Olympic medal tally

In a significant victory, Manu Bhaker made history for India at the Paris Olympics by winning a bronze medal in the 10m air pistol event, ending a 12-year medal drought for the country. At just 22, Bhaker became the first Indian female shooter to earn an Olympic medal.

This achievement was particularly meaningful for Bhaker, who experienced a disappointing debut at the Tokyo Olympics, returning home without success after competing in three events. The emotional impact of that experience had left her questioning her future in the sport.