Sports Marketing's Unauthorized Congratulations Economy: Learnings from Manu Bhaker's Lawsuits

When Manu Bhaker clinched bronze at the Paris 2024 Olympics, becoming the first Indian woman to win an Olympic medal in shooting, the nation went wild. Social media exploded with congratulatory messages, news outlets ran non-stop coverage, and brands scrambled to jump on the bandwagon. Within hours, dozens of companies posted celebratory content featuring Bhaker's achievement: some genuine, others thinly veiled advertisements. 

Then things got messy. Bhaker's management team wasn't having it. They called out what they saw as "moment marketing free of cost" and started filing lawsuits against brands that crossed the line from celebration into unauthorized commercial exploitation. This controversy cuts right to the heart of a growing tension in sports marketing: when does genuine congratulation turn into illegal appropriation? 

Here's what brands need to understand about walking this tightrope between staying relevant and respecting athlete rights, and why getting it wrong could cost you more than just a lawsuit. 

The Sports Marketing Game Has Changed 

Moment marketing—jumping on real-time events and trending moments—has become essential for brands wanting to stay culturally relevant. When an athlete wins big or a sporting moment goes viral, brands race to get their piece of the conversation. Done right, it shows you're paying attention and gets people talking about your brand. 

Manu Bhaker's case exposes what happens when brands get greedy. Several didn't just congratulate her—they weaponized her image, name, and achievement to push products without asking permission or offering a rupee in return. Call it the "unauthorized congratulations economy," where brands cash in on an athlete's years of blood, sweat, and sacrifice without giving anything back. 

Athletes increasingly understand their commercial worth and they're not afraid to protect it. This isn't going away. Digital platforms make it easier than ever to spot unauthorized usage and track how brands exploit athlete moments. 

What can sports marketing learn from this mess? Speed can't trump legality. The rush to capitalize on real-time moments doesn't justify cutting corners with the law. Audiences also see right through fake enthusiasm versus genuine celebration—and they remember which brands showed respect versus which ones grabbed what they could get. 

Technology offers a way out. Platforms that enable quick rights clearance and facilitate legitimate brand-athlete partnerships are going to become indispensable. The solution lies in building infrastructure that makes doing the right thing as easy as doing the wrong thing.

Imagine digital rights management platforms that function like stock photo libraries—brands could search for athletes by sport, achievement, or demographic, see transparent pricing, and secure usage rights within hours instead of weeks.  

The winning play isn't finding clever loopholes to exploit athletes' achievements—it's building systems where brands participate legally and athletes get their fair share.  

Legal Implications for Brands: Understanding the Boundaries 

The lawsuits arising from Bhaker's case highlight several critical legal principles that govern sports marketing: 

• Personality Rights: Athletes own the commercial rights to their name, image, and likeness. Using these elements for advertising without permission constitutes infringement, regardless of whether it's framed as congratulation. 

• Implied Endorsement: When brands associate their products with an athlete's achievement in marketing materials, they create the false impression of endorsement, which can lead to legal action. 

• Commercial vs. Editorial Use: News reporting and genuine public commentary enjoy certain protections. Commercial advertising does not. The line blurs when brands dress up ads as congratulatory messages. 

• Right of Publicity Laws: These laws protect individuals from unauthorized commercial exploitation of their identity—exactly what happened in Bhaker's situation. 

What makes these violations particularly egregious is the opportunistic timing. Brands waited for athletes to achieve success through years of dedication, then attempted to piggyback on that success without compensation. This borders on being ethically questionable and damages long-term brand credibility. 

Strategies for Brands to Stay Relevant and Legally Safe 

So how can brands jump into those electric cultural moments around sports achievements without ending up in legal hot water?  

The smart play starts with getting proper permissions. Before brands use an athlete's name, image, or achievement in any commercial content, the right way to do it is getting explicit written permission through their management or legal team. Yes, it takes extra effort, but it's non-negotiable. Skipping this step is where brands get burned. 

Beyond the legal risks, there are serious commercial implications to consider. Unauthorized use of an athlete's likeness can torpedo your brand's reputation. There's also the financial reality: settling a right-of-publicity claim or paying damages after the fact will almost certainly cost far more than negotiating proper licensing upfront. 

Here's where things get tricky: there's a real difference between celebrating an achievement and turning it into a sales pitch. Brands should keep congratulatory posts genuinely congratulatory. The moment you start weaving in product placements, slapping your logo front and center, or adding calls-to-action, you've crossed from celebration into commercialization.  

If they want to actually work with athletes on promotional content, invest in legitimate partnerships through formal endorsement deals or sponsorships. These relationships create real value for everyone involved and feel authentic rather than opportunistic. 

Even if formal partnerships aren't in the cards right now, brands can still participate in the excitement by celebrating sporting achievements broadly. Something like "Congratulations to all our Olympic heroes" lets brands join the conversation without naming specific athletes, keeping them clear of legal issues while still being part of the moment. 

The bigger picture? Stop thinking about moment marketing as a quick hit and start building long-term relationships with athletes and sporting organizations. This approach creates genuine collaboration opportunities that don't feel exploitative. Remember, athletes aren't public commodities—they're professionals who've earned control over their own success and how it's used commercially. Brands that get this distinction build sports marketing strategies that actually last and respect the game. 

Play by the Rules or Get Benched 

The unauthorized congratulations economy can't continue. Brands need to evolve their sports marketing playbook to balance relevance with respect, speed with legality, engagement with ethics. This doesn't mean sitting out moment marketing—it means playing the game responsibly. 

The brands that win will invest in legitimate athlete partnerships, use technology to streamline rights management, and prioritize authentic engagement over quick grabs. They'll understand that an athlete's Olympic medal represents years of sacrifice and dedication—not a free marketing opportunity to exploit. 

The important thing is not to take the spotlight when you contributed nothing to their journey. When brands rush to associate themselves with an athlete's victory without permission, they're essentially photobombing someone else's moment of glory. These athletes trained for years, often with minimal sponsorship support, overcame injuries, made personal sacrifices, and earned their podium finish through sheer determination. For a brand that provided zero support during that journey to suddenly claim a connection feels exploitative and hollow. 

When we celebrate sporting achievements, we need to celebrate athletes properly—by respecting their rights, compensating their contributions, and building marketing strategies that work for everyone. That's how sports marketing creates lasting value instead of legal headaches. 

Brands need to audit their moment marketing practices now. Establish clear protocols for athlete-related content. And for those ready to build authentic partnerships that deliver results while respecting athlete rights, Zupotsu can facilitate the right athlete connections—enabling collaborations grounded in integrity and mutual value. The future of sports marketing rides on getting this right.