Pooja makes T-shirts in Kolkata and sells them on Amazon.
That black T-shirt with the Indian Army logo you have listed on Amazon, how’s the demand for it, I ask her.
It is clearly an exciting subject. “That one has become a hot-selling product,” Pooja says. “Not just on Amazon, everywhere. Every day demand is increasing. We are [struggling] to keep up.”
That’s great. But tell me, isn’t it illegal to use the army’s logo in commercial products? I am sure you did your research before you began manufacturing?
Yes, she did.
“What we found is, with ‘branded’ products like Adidas or Nike or Hilfiger, you cannot sell duplicates so easily because they can find out and [sue] you.
“But products based on the army and other military segments … well, they are made on public demand. People are asking specifically, ‘I want an Indian Navy T-shirt,’ or ‘I want an Indian Air Force T-shirt.’”
Sure, but the law doesn’t say it’s okay just because people demand it.
“See, in India we have a lot of laws. People abroad are very fond of their nations, and they flaunt it in every possible way. Here, we lose our mind if the orientation of the national flag gets inverted. We think too much.”
Okay, you may have a point there. I mean the Americans can even burn down their flag because their Constitution allows it. But we are in India. And here, you can’t just slap national emblems on your products and make money off them.
“Students in renowned universities like JNU or Jadavpur are turning anti-national. Why?”
Because they don’t wear Indian Army tees?
“Because our identity and personality are the result of small habits. We shouldn’t hide our nationalism with faaltu restrictions.”
Take my money already, Pooja.
Patriotism, the great leveller
T-shirts. Key chains. Mobile-phone covers. Camouflage gear. There is a thriving, age-old market for military-style products offline and online, many of them flaunting the official insignia of te army, air force, or navy. Fancy a MiG-29 or a Rafale emblazoned on your Friday wear? No problem, you can have that too. Never mind that most such uses are prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. Like any other grey market, the rules of intellectual property don’t apply in this world. But no other grey market has the defence that this one claims: patriotism — a word that magically blurs the line between legal and illegal.
It would seem India’s defence establishment agrees that law shouldn’t come in the way of showing off your love for the nation, given the proliferation of such products and the puny legal deterrent: a fine of INR500. For one of the world’s best-endowed forces with an annual budget of USD46.16 billion, there’s awfully little motivation to go after counterfeit knick-knack makers. To add to that, the Ministry of Defence and the armed forces can’t seem to agree on the law, as we shall see.
Slowly though, what was once a rogue cottage industry is changing colour. The business of ‘patriotic’ products of questionable legality is acquiring a legit makeover. Thanks to the growing reach of e-commerce, and an event from 2016 that gave the Indian Army brand a massive fillip.
The surgical strike.
“It’s very expensive to recruit my favourite ‘real’ heroes”
SSB Crack is a company that helps Indians train for the entrance exam to join the armed forces. Its website is brimming over with ads for test-prep books and articles and videos extolling the forces.
But the thing that has drawn the attention of civilians with no aspirations to fight wars towards the company isn’t on its website.
For that, head to the Play Store and search for “Surgical Strike - Indian Army”
You will find a 4.6-rated game that lets you simulate the army’s heroics — with real army assets. For a few rupees, you can fight the Hijbul Mujahideen with soldiers from regiments named after real ones: Sikh, Gurkha, or Garud. You can even pay to unleash the maximum killing potential of the Brahmos missile system. The game also makes money through ads.
“‘Surgical Strike’ has the most realistic and graphic-rich Indian Army mobile combat game on Android, you can choose from 10 different heroes like PARA, NSG, Garud and much more to fight with the enemy forces,” reads the game’s description.
“Full surgical strike is greatly needed at this deadliest war to defend the Indian Army …” it also says, in a doff-of-the-hat to the army’s much-publicised offensive against terrorist camps in Pakistan in retaliation against the Uri attack of 2016. Image courtesy: SSBCrack Image courtesy: SSBCrackWhat is a test-prep company doing in the mobile-games business? It is hard to know. SSB Crack’s website doesn’t name its owners, neither does it have an address. An e-mail from ET Prime on whether the company took appropriate permissions from the armed forces before using its assets in the game went unanswered.
Meanwhile, gung-ho gamers have left reviews like this: This isn’t the only surgical strike-inspired game either. Since late 2016, such games have mushroomed on Play Store. There’s one called “Indian Surgical Strike Force” that has 500,000 downloads (Indian Army-Surgical Strike has 50,000-plus) and claims to give players the option to choose from MiGs, F-16s, and Sukhois.
The developer of the game is a company called Games Gear Studio. It is headquartered in Lahore.
The kerfuffle with the law
What exactly is the law vis-à-vis commercial use of the armed forces’ symbols? Here’s what the Air Headquarters has to say in response to a Right to Information question. (The answers can safely be presumed to represent the army and navy’s views too.)
Private entities are not allowed to use the name or likeness of the Indian armed forces for commercial gain.
No private entities can use the names of defence-force regiments and the names of military equipment produced for or used by Indian Air Force for commercial purpose.
The use of the name and likeness of the Indian Air Force is restricted under the provision of The Emblems and Names (Prevention of Improper Use) Act, 1950.
“Subject to prior permission of the central government and the conditions it may impose in granting such permission, emblems and names specified in the schedule may be used for academic, artistic, biographical, cultural, educational, scientific, or spiritual purposes,” says intellectual property lawyer J Sai Deepak. “The emphasis appears to be on obtaining prior permission.”
So did, say, SSB Crack, take prior permission before gamifying the army and making money off it?
An e-mail to the Ministry of Defence with this question reveals something baffling: the government and the armed forces have diametrically opposite views on the law itself.
SR Rajashekar, a ministry spokesperson, says, “As of now there is no specific law that can prevent anyone from using the names (of army regiments and equipment) in a game.”
But, she assures us, “the appropriate authorities have been alerted to look into the matter and see if the matter needs any action”.
In response to a question on the legality of products sold on its platform, an Amazon spokesperson says, “Amazon operates as an online marketplace in India. Sellers selling their products through the Amazon.in marketplace are solely responsible for all necessary product compliance and are required to sell products which are legally allowed to be sold in India. Whenever concerns about the listed products get raised, we review the case with the sellers.”
“As a society, we are evolving. Then there are things like the surgical strike.”
Captain Niranth Bymana co-founded Olive Planet in 2009 after finishing his service in the army. The Bengaluru-based company sells products for use in the military as well as military-themed products for civilian enthusiasts.
“Having served in the forces ourselves, we could see that there is a huge gap between what the soldiers want and what is available to them. Back then the Internet was not so big. We saw that there are established brands out there that sell not just to the army in their countries but also to enthusiasts. We got them to India. Slowly, based on the army’s feedback, we started selling more and more products,” he says.
Today Olive Planet has 4,500 products, from apparel to tactical knives to jackets and backpacks. It represents big global sellers of military gear like Rothco. Olive Planet’s average ticket size is INR1,200.
Bymana says in the recent past, thanks to social media and the surgical strike, the demand for such products has boomed. The fame of the surgical strike has also brought his company some unexpected business.
“We have given two fittings for two movies based on the Uri attack. Recently we did an ad shoot with [film star] Ranvir Singh. Bollywood was never an area of interest for us, but thanks to the surgical strike, we are seeing a lot of interest,” he says.
“As a society, we are evolving. The army as a brand has become a lot more accessible to people,” he says. “When I was serving, it was unthinkable for the army to put up posts on Facebook. Now there is a page called ADGPI – Indian Army, where you get regular updates about what soldiers are doing. Things are changing. Being extremely protective doesn’t work. Regulating is a better option. [But] a lot of systems are not in place. Things like IPR so far have not been prioritised by them.”
Regulation is the route the US has taken. Lawmakers there recognised the commercial potential of patriotic products and opened up the market. Since 2006, the US Army has strategically extended its brand to more than 50 categories, including apparel, footwear, jewellery, consumer electronics, gift and novelties, collectibles, sporting knives, and camping equipment, says a report on retail-merchandiser.com.
These products are available in more than 80,000 stores across the US, including Walmart and Target.
All products go through strict brand-guideline checks. Proceeds are used to support the US Army’s Morale, Welfare and Recreation programme. In 2013, the US Army ranked among the world’s 150 top brand licensors, according to License Global.
Meanwhile in India, despite the rising brand equity of the army and the rising tide of nationalism, such moves look a ways off. Sometimes, the crack between patriotism and law trips up even well-meaning entrepreneurs like Captain Bymana. Though he claims no product on Olive Planet uses any protected emblems, sure enough, you can find mobile phone covers (priced at INR499) on its website that prominently use the Indian Army logo.
“A mobile cover is no way of impersonating the soldier. But if the logo is on the T-shirt, it becomes a part of your uniform and you can be mistaken as a soldier,” he says.
After the attack on the Pathankot base, such impersonation threats make the army testy. In areas like Punjab, Jammu & Kashmir, and the Northeast, it has issued advisories that civilians not wear such apparel so that they are not confused for terrorists in disguise, says Olive Planet’s other co-founder, Captain Chethan YK.
Pooja, the T-shirt maker from Kolkata, might tell you all this is making heavy weather of a simple thing. “If you don’t do it, somebody else will,” she says. “You will miss out on the fun.”
(With inputs from Tarun Shukla)
That black T-shirt with the Indian Army logo you have listed on Amazon, how’s the demand for it, I ask her.
It is clearly an exciting subject. “That one has become a hot-selling product,” Pooja says. “Not just on Amazon, everywhere. Every day demand is increasing. We are [struggling] to keep up.”
That’s great. But tell me, isn’t it illegal to use the army’s logo in commercial products? I am sure you did your research before you began manufacturing?
Yes, she did.
“What we found is, with ‘branded’ products like Adidas or Nike or Hilfiger, you cannot sell duplicates so easily because they can find out and [sue] you.
“But products based on the army and other military segments … well, they are made on public demand. People are asking specifically, ‘I want an Indian Navy T-shirt,’ or ‘I want an Indian Air Force T-shirt.’”
Sure, but the law doesn’t say it’s okay just because people demand it.
“See, in India we have a lot of laws. People abroad are very fond of their nations, and they flaunt it in every possible way. Here, we lose our mind if the orientation of the national flag gets inverted. We think too much.”
Okay, you may have a point there. I mean the Americans can even burn down their flag because their Constitution allows it. But we are in India. And here, you can’t just slap national emblems on your products and make money off them.
“Students in renowned universities like JNU or Jadavpur are turning anti-national. Why?”
Because they don’t wear Indian Army tees?
“Because our identity and personality are the result of small habits. We shouldn’t hide our nationalism with faaltu restrictions.”
Take my money already, Pooja.
Patriotism, the great leveller
T-shirts. Key chains. Mobile-phone covers. Camouflage gear. There is a thriving, age-old market for military-style products offline and online, many of them flaunting the official insignia of te army, air force, or navy. Fancy a MiG-29 or a Rafale emblazoned on your Friday wear? No problem, you can have that too. Never mind that most such uses are prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. Like any other grey market, the rules of intellectual property don’t apply in this world. But no other grey market has the defence that this one claims: patriotism — a word that magically blurs the line between legal and illegal.
It would seem India’s defence establishment agrees that law shouldn’t come in the way of showing off your love for the nation, given the proliferation of such products and the puny legal deterrent: a fine of INR500. For one of the world’s best-endowed forces with an annual budget of USD46.16 billion, there’s awfully little motivation to go after counterfeit knick-knack makers. To add to that, the Ministry of Defence and the armed forces can’t seem to agree on the law, as we shall see.
Slowly though, what was once a rogue cottage industry is changing colour. The business of ‘patriotic’ products of questionable legality is acquiring a legit makeover. Thanks to the growing reach of e-commerce, and an event from 2016 that gave the Indian Army brand a massive fillip.
The surgical strike.
“It’s very expensive to recruit my favourite ‘real’ heroes”
SSB Crack is a company that helps Indians train for the entrance exam to join the armed forces. Its website is brimming over with ads for test-prep books and articles and videos extolling the forces.
But the thing that has drawn the attention of civilians with no aspirations to fight wars towards the company isn’t on its website.
For that, head to the Play Store and search for “Surgical Strike - Indian Army”
You will find a 4.6-rated game that lets you simulate the army’s heroics — with real army assets. For a few rupees, you can fight the Hijbul Mujahideen with soldiers from regiments named after real ones: Sikh, Gurkha, or Garud. You can even pay to unleash the maximum killing potential of the Brahmos missile system. The game also makes money through ads.
“‘Surgical Strike’ has the most realistic and graphic-rich Indian Army mobile combat game on Android, you can choose from 10 different heroes like PARA, NSG, Garud and much more to fight with the enemy forces,” reads the game’s description.
“Full surgical strike is greatly needed at this deadliest war to defend the Indian Army …” it also says, in a doff-of-the-hat to the army’s much-publicised offensive against terrorist camps in Pakistan in retaliation against the Uri attack of 2016. Image courtesy: SSBCrack Image courtesy: SSBCrackWhat is a test-prep company doing in the mobile-games business? It is hard to know. SSB Crack’s website doesn’t name its owners, neither does it have an address. An e-mail from ET Prime on whether the company took appropriate permissions from the armed forces before using its assets in the game went unanswered.
Meanwhile, gung-ho gamers have left reviews like this: This isn’t the only surgical strike-inspired game either. Since late 2016, such games have mushroomed on Play Store. There’s one called “Indian Surgical Strike Force” that has 500,000 downloads (Indian Army-Surgical Strike has 50,000-plus) and claims to give players the option to choose from MiGs, F-16s, and Sukhois.
The developer of the game is a company called Games Gear Studio. It is headquartered in Lahore.
The kerfuffle with the law
What exactly is the law vis-à-vis commercial use of the armed forces’ symbols? Here’s what the Air Headquarters has to say in response to a Right to Information question. (The answers can safely be presumed to represent the army and navy’s views too.)
Private entities are not allowed to use the name or likeness of the Indian armed forces for commercial gain.
No private entities can use the names of defence-force regiments and the names of military equipment produced for or used by Indian Air Force for commercial purpose.
The use of the name and likeness of the Indian Air Force is restricted under the provision of The Emblems and Names (Prevention of Improper Use) Act, 1950.
“Subject to prior permission of the central government and the conditions it may impose in granting such permission, emblems and names specified in the schedule may be used for academic, artistic, biographical, cultural, educational, scientific, or spiritual purposes,” says intellectual property lawyer J Sai Deepak. “The emphasis appears to be on obtaining prior permission.”
So did, say, SSB Crack, take prior permission before gamifying the army and making money off it?
An e-mail to the Ministry of Defence with this question reveals something baffling: the government and the armed forces have diametrically opposite views on the law itself.
SR Rajashekar, a ministry spokesperson, says, “As of now there is no specific law that can prevent anyone from using the names (of army regiments and equipment) in a game.”
But, she assures us, “the appropriate authorities have been alerted to look into the matter and see if the matter needs any action”.
In response to a question on the legality of products sold on its platform, an Amazon spokesperson says, “Amazon operates as an online marketplace in India. Sellers selling their products through the Amazon.in marketplace are solely responsible for all necessary product compliance and are required to sell products which are legally allowed to be sold in India. Whenever concerns about the listed products get raised, we review the case with the sellers.”
“As a society, we are evolving. Then there are things like the surgical strike.”
Captain Niranth Bymana co-founded Olive Planet in 2009 after finishing his service in the army. The Bengaluru-based company sells products for use in the military as well as military-themed products for civilian enthusiasts.
“Having served in the forces ourselves, we could see that there is a huge gap between what the soldiers want and what is available to them. Back then the Internet was not so big. We saw that there are established brands out there that sell not just to the army in their countries but also to enthusiasts. We got them to India. Slowly, based on the army’s feedback, we started selling more and more products,” he says.
Today Olive Planet has 4,500 products, from apparel to tactical knives to jackets and backpacks. It represents big global sellers of military gear like Rothco. Olive Planet’s average ticket size is INR1,200.
Bymana says in the recent past, thanks to social media and the surgical strike, the demand for such products has boomed. The fame of the surgical strike has also brought his company some unexpected business.
“We have given two fittings for two movies based on the Uri attack. Recently we did an ad shoot with [film star] Ranvir Singh. Bollywood was never an area of interest for us, but thanks to the surgical strike, we are seeing a lot of interest,” he says.
“As a society, we are evolving. The army as a brand has become a lot more accessible to people,” he says. “When I was serving, it was unthinkable for the army to put up posts on Facebook. Now there is a page called ADGPI – Indian Army, where you get regular updates about what soldiers are doing. Things are changing. Being extremely protective doesn’t work. Regulating is a better option. [But] a lot of systems are not in place. Things like IPR so far have not been prioritised by them.”
Regulation is the route the US has taken. Lawmakers there recognised the commercial potential of patriotic products and opened up the market. Since 2006, the US Army has strategically extended its brand to more than 50 categories, including apparel, footwear, jewellery, consumer electronics, gift and novelties, collectibles, sporting knives, and camping equipment, says a report on retail-merchandiser.com.
These products are available in more than 80,000 stores across the US, including Walmart and Target.
All products go through strict brand-guideline checks. Proceeds are used to support the US Army’s Morale, Welfare and Recreation programme. In 2013, the US Army ranked among the world’s 150 top brand licensors, according to License Global.
Meanwhile in India, despite the rising brand equity of the army and the rising tide of nationalism, such moves look a ways off. Sometimes, the crack between patriotism and law trips up even well-meaning entrepreneurs like Captain Bymana. Though he claims no product on Olive Planet uses any protected emblems, sure enough, you can find mobile phone covers (priced at INR499) on its website that prominently use the Indian Army logo.
“A mobile cover is no way of impersonating the soldier. But if the logo is on the T-shirt, it becomes a part of your uniform and you can be mistaken as a soldier,” he says.
After the attack on the Pathankot base, such impersonation threats make the army testy. In areas like Punjab, Jammu & Kashmir, and the Northeast, it has issued advisories that civilians not wear such apparel so that they are not confused for terrorists in disguise, says Olive Planet’s other co-founder, Captain Chethan YK.
Pooja, the T-shirt maker from Kolkata, might tell you all this is making heavy weather of a simple thing. “If you don’t do it, somebody else will,” she says. “You will miss out on the fun.”
(With inputs from Tarun Shukla)
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