Lava MD claims copyright violation by JioHotstar over the use of identical tagline, "#ProudlyIndian"
In a surprising turn of events, Lava International, an Indian mobile handset maker, has accused JioHotstar, a popular streaming platform, of using its registered trademark tagline #ProudlyIndian without authorization.
The dispute was initiated by Sunil Raina, Managing Director of Lava International, who posted his allegation on LinkedIn. Raina expressed his surprise due to JioHotstar's size and reputation, stating that respecting IP rights is essential for fair and ethical branding.
The tagline #ProudlyIndian was created by Lava International nearly five years ago and was registered by them under Class 25, which is likely related to clothing or merchandise. However, Lava's registration for Class 35, which covers advertising and business management services, is still pending. JioHotstar’s broadcasting and streaming services fall under Class 38, which has not been registered by Lava yet.
This classification difference could be critical in determining whether JioHotstar’s use of the tagline legally constitutes trademark infringement. Legal experts suggest that the dispute could be about the use of the #ProudlyIndian tagline by JioHotstar in the context of broadcasting services.
Supporters of Lava argue that the tagline is part of their brand identity, and its unauthorized use by JioHotstar raises ethical and legal questions regarding intellectual property rights. Some commentators point out that the phrase “Proudly Indian” might be considered too generic to grant exclusive ownership, which could weaken Lava’s claim.
The alleged use of the tagline #ProudlyIndian by JioHotstar has sparked a branding spat between the two companies, with some users on LinkedIn joining the discussion. As of now, no court decision or definitive legal judgment has been reported publicly on this matter.
JioHotstar, a major OTT player in India, has yet to respond to the allegations made by Lava International. The incident has generated reactions on social media, with some users questioning the originality of JioHotstar's use of the tagline.
JioHotstar is a streaming platform that resulted from the merger of JioCinema and Disney+ Hotstar. Lava International, on the other hand, has been central to the Indian mobile handset market for years, with the #ProudlyIndian tagline being a significant part of its branding over the past five years.
The outcome of this dispute could have significant implications for both companies, as well as for the broader discussion on intellectual property rights in the digital age. As the situation develops, it will be interesting to see how this branding spat unfolds.
[1] Lava International Accuses JioHotstar of Trademark Infringement [2] The #ProudlyIndian Tagline: A Branding Battle Between Lava International and JioHotstar [3] The Legal Implications of Lava International's Accusation Against JioHotstar [4] The Broadcasting Industry and Intellectual Property Rights: A Case Study of Lava International vs JioHotstar [5] The #ProudlyIndian Tagline: A Look at the Trademark Registration and Classification
- The branding dispute over the trademarked tagline "#ProudlyIndian" has extended to social media, with statements from Lava International and JioHotstar's users, bringing attention to the intersection of finance, entertainment, and social-media in the ongoing legal proceedings regarding intellectual property rights in digital markets.
- In the midst of the defi (digital) age, the brand identity war between Lava International and JioHotstar over the "#ProudlyIndian" tagline serves as a case study, highlighting the significance of trademark rights and ethical branding in the finance, entertainment, and social-media market sectors.
