Background
After his unique shooting stance went viral on the internet and fetched Turkey a silver medal in mixed team 10m air pistol event at Paris Olympics 2024, shooter Yusuf Dikec has applied for a trademark to protect his unique Stance. Several people subsequently attempted to commercialize the stance without his permission, leading Dikec to apply for a trademark. Several erroneous filings have since been refused and Dikec is pressing ahead with the plan to trademark his signature pose.
Introduction
The different poses, styles, and stances, like the one used by Turkish shooter Yusuf Dikec during the Paris Olympics 2020, highlight a unique and modern blend of creativity, sports, and intellectual property rights. This practice, though uncommon, can play an important role in safeguarding a person’s unique gesture or pose that has become synonymous with his/ her name. This article endeavours to explains the legal considerations surrounding trademarking poses and styles, and the structure of trademark law in India.
Well-Known Pose Trademark Around the World
1. Michael Jackson’s Moonwalk: Michael Jackson’s iconic moonwalk dance move, while not officially trademarked, remains one of the most recognisable performance styles around the world. The uniqueness of this has led to initiatives aimed at protecting it through copyright and trademark law.
2. Usain Bolt’s Iconic “Lightning Bolt” Pose: Usain Bolt’s iconic “Lightning Bolt” pose is indeed registered as a trademark. He filed for trademark protection to secure the rights to use the pose for commercial purposes, such as on merchandise like clothing, shoes, and other goods. This move allows him to control how the pose is used in connection with his personal brand and prevents unauthorized use by others looking to capitalize on its fame.
3. Shahrukh Khan’s iconic pose: Bollywood superstar Shah Rukh Khan’s signature pose, where he spreads his arms wide open, has become a symbol of his charm and romance in Indian cinema. That simple pose of holding the hand and placing on the cheek has become symbolic with his personality and can be seen in numerous films such as Dilwale Dulhania Le Jayenge, Kabhi Khushi Kabhie Gham and among others.
4. Cristiano Ronaldo’s “Siii” Celebration: The famous goal celebration by Cristiano Ronaldo where he jumps, turns around in the air and shouts Siii with his arms stretched out is another posture that cannot be dissociated from a person’s brand. Ronaldo has used this iconic celebration in his endorsement and interacting with his fans.
These poses, much like Dikec’s shooting stance demonstrate how specific body movements can turn into iconic representations of an individual and can be defended under trademark legislation in order to stop the unauthorised commercial use of.
Legal Considerations of Trademarking Poses and Styles
In order to trademark a pose or style, the trademark application has to be submitted requesting such approval from the appropriate Trademark Office demonstration that the applied pose/ gesture is distinct and used commercially. To be recognised as a trademark, the pose or style needs to fulfil a few important criteria:
- Distinctiveness: The pose should be such as it can easily be stand out when compared with other regular bodily movements. Usain Bolt’s “Lightning Bolt” pose stands out as a highly recognisable and unique way to celebrate, setting it apart from other movements.
- Commercial Use: Commercial use is the backbone of the trademark law regime, if a trademark is not used commercially or in any kind of trademark, then it can’t be registered as a trademark.
- No Prior Rights: The pose or style should not be previously registered or applied for registered by another individual. This is where situations involving false claims or wrongful filings, similar to what Dikec experienced, can occur.
Understanding the Legal Framework
The Indian Trademark Law, 1999 describes a trademark as any mark that can be graphically represented and can differentiate the good and services of one person than those of others. The law mainly focusses on words, logos, and symbols, but poses or styles might also be considered if they are distinctive and unique enough. Let’s explore how trademark law relates to poses and styles in India:
- Graphic Representation Requirement: Graphical Representation is a crucial requirement for Trademark registration in India. The requirement of graphical representation is the biggest reason why Trademark offices are not open to registering unconventional trademarks. As per this requirement, a pose has to be presented graphically or represented visually on a piece of paper. This could include intricate diagrams, photographs, or representations of the gesture, adding a layer of complexity beyond what we usually see with trademarks such as logos or names.
- Commercial Use and Protection: The applicant needs to show that the Pose applied for a trademark is linked with any kind of products or services, the same has to be in use commercially. Usually, celebrities start their merchandise to prove such commercial use.
- Challenges to Trademarking Present: In India, one challenge with trademarking is figuring out how to differentiate between a specific pose or style and regular physical movement. The trademark needs to be unique enough in order to get the protection, making sure it doesn’t include common human activities. A typical yoga pose may not qualify for trademark protection because it doesn’t have enough uniqueness.
Conclusion
Trademarking poses and styles is becoming increasingly popular, particularly in the realms of sports and entertainment, where unique gestures can hold significant commercial value. In India, the legal framework provides for these protections, but it also stipulates that poses must fulfil criteria such as distinctiveness, graphical representation, and commercial use. For those wanting to safeguard a distinctive gesture or stance, such as Yusuf Dikec or Usain Bolt, trademark law is a good point of reference which will assist in protecting one’s persona from being exploited.
For comprehensive support in trademark services, rely on the expertise of Intellect Vidhya Solutions – Top Rated IPR Law Firm in India. Ensure a hassle-free experience and robust protection for your intellectual property.
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