Branding and cultural appropriation: beware of the "bad buzz".
When choosing your brand, be cautious ! Your trademark must meet several criteria in order to be registered: availability, distinctiveness, non-deceptiveness, compliance with public policy and morality... But even if your brand meets all these conditions, other problems may arise. Disney and Kim Kardashian have recently been hit by this. For the public, their brands constituted a "cultural appropriation". Let's take a look back at these cases.
The "HAKUNA MATATA" case: when Disney tries to appropriate Swahili culture
"Hakuna Matata... But what a beautiful phrase. !!!! "This is probably what Disney thought when it registered the trademark in 1994, the year the cartoon The Lion King was released. This expression, which means "no worries", is widely used in East Africa, particularly in Kenya. It was the Kenyan newspapers that triggered the controversy surrounding this registration in 2018. It was indeed at this time that Disney screened the trailer of the film The Lion King, which is scheduled for release this summer (July 2019).
Journalists in particular blamed Disney for cultural appropriation. More generally, Westerners are accused of "stealing African culture over the years through the use of intellectual property rights. "(according to the Kenyan newspaper Business Daily). As a result, nearly 200,000 people have signed a petition asking Disney to give up its trademark. For the creators of the petition, "Disney cannot be allowed to register a trademark on a name it did not invent.
However, having a trademark does not mean that the company owns the expression or that it can prohibit anyone from using it. For example, Disney registered the trademark "Hakuna Matata" in the United States when the original film was released. This trademark only applies to clothing, shoes and toys. This registration therefore covers derivative products sold by Disney. The aim is above all to protect itself against other companies that might try to exploit this trademark.
To further complicate the situation, there are at least two other U.S. companies (a wedding company and a vitamin company) that have registered the Hakuna Matata trademark.
Kim Kardashian and its brand "KIMONO": new scandal around cultural appropriation
June 25, 2019, Kim Kardashian introduces a new range of sheathing underwear. She chose the name "KIMONO" for this brand. The reaction of the public was not long in coming: the hashtag #kimOhNo was even created for the occasion.
Nice underwear, but as a Japanese woman who loves to wear our traditional dress,👘 kimono, I find the naming of your products baffling (since it has no resemblance to kimono), if not outright culturally offensive, especially if it's merely a word play on your name. Pls reconsider
- Yuko Kato (@yukokato1701) June 26, 2019
Many Internet users comment to post pictures of them wearing the traditional clothing, and remind the star that the name "Kimono" is not a name like the others, especially in the field of clothing. Even the mayor of Tokyo got involved. He sent a letter to Kim Kardashian at the end of June asking him to change the name of his underwear line.
The 1ster By July 2019, Kim finally gave in to public pressure. She announced on Instagram, "I'm going to launch my clothing brand under a new name. I'll keep you posted. ». It is therefore likely that the celebrity will abandon the 8 KIMONO trademark registrations.
This was not the first time Kim Kardashian was accused of cultural appropriation. In April 2019, she wore a head pendant corresponding to a traditional Indian wedding ornament. But it was the first time she had made such a sensitive mark.
Once again, don't neglect the smallest detail when registering your trademark. And above all don't hesitate to ask for advice before you deposit by a professional.