Blend In or Stand Out? Branding Blunders of Indian Startups.

Being low in descriptiveness makes a trademark high in exclusivity. Unfortunately, entrepreneurs often do the reverse, rendering their trademarks non-exclusive and commonplace. 

There is something about the recently concluded first season of Sony Liv’s reality TV show Shark Tank India that would bother intellectual property (IP) lawyers. While pitching their business ideas to the sharks (potential investors forming the panel of judges) in the hope that they would invest in their ventures, the participants (upcoming startup entrepreneurs) are baring many truths about the strength of their IP – or the lack thereof.

Notably, trademarks chosen by most of the participants for their respective products or services is reflective of the lack of legal strategy and advice that has gone into their creation.

Choosing a trademark is an important exercise by an entrepreneur – it is what the customers identify the entrepreneur with, be it on a supermarket shelf or on the entity’s signboard or business cards. The usual tendency of entrepreneurs is to adopt trademarks that reveal the nature of their products or services to the users.

Unfortunately, this is the very thing that is barred by trademark law – a trademark is weak if it is descriptive of the goods or services for which it is used, or if it indicates the kind, quality, intended purpose or geographical origin of the goods and services. The more a trademark is silent about what the business does, or its products are made of or where it comes from or what purpose its products or services serve, the better it is. It is best to leave it to the product or service itself to convey these attributes. Being low in descriptiveness makes a trademark high in exclusivity. Unfortunately, entrepreneurs often do the reverse, rendering their trademarks non-exclusive and commonplace.

The participants of Shark Tank India reveal that a deep dive into the legal landscape to assess suitability of choice is often skipped by startups before picking a trademark. For example, the trademarks of some of the startups that featured in the first season are, “Peeschute” for disposable urine bags, “INACAN” for canned cocktails, “Beyond Water” for a liquid water enhancer, “Get-A-Whey”  for a protein-based ice cream, “On2Cook” for a fast cooking apparatus, “Sneakare” for a sneaker care product, “Store My Goods” for a storage service company, “Devnagri” for an Indian language translation software, “ScrapShala” for a service that upcycles scrap into beautiful household items, “AyuRythm” for a wellness-focused app using Ayurveda and “GROWFITTER” for a wellness platform. Each of these trademarks, at first glance itself, indicates the kind, quality or intended purpose of the goods or services concerned.

While technological innovation is a big market differentiator, lack of innovation and creativity in branding could dilute premium and increase competition. Take the case of Shaadi.com, an online matrimonial service that was denied a favourable order by the Bombay high court in 2016 against secondshadi.com, again an online matrimonial service for those seeking a second marriage. The court rejected the case of Shaadi.com as it found that Shaadi.com and Secondshaadi.com are commonly descriptive of their services.  Similarly, in 2021, the Delhi high court denied an order to the owners of PhonePe, who sued BharatPe, alleging trademark infringement due to the use of the suffix “Pe”. The court noted that respective prefixes were different and that deliberate misspelling of descriptive words (“Pe” for “Pay”), did not change the legal position that there is no exclusivity over descriptive words.

These two cases also highlight another important lesson in trademark adoption. Every trader can legitimately describe their wares or services as they are – shaadi.com, bharatmatrimony.com, m4marry.com, simplymarry.com, vivah.com etc – for matrimonial service. However, choosing such a descriptive name for a trademark limits the ability of the entrepreneur to stop others from choosing similar descriptive terms for their trademarks. Ultimately, the trademark will remain as ordinary as the others in the field. Even worse, courts in India have held that just because an entrepreneur is the first one to pick a descriptive term as a trademark, it does not grant them exclusivity in the same – a hard lesson learnt through courts by many enterprises. Interestingly, some of the sharks on the panel have already learned this lesson through lawsuits filed by and against them, yet do not seem to warn the participants or be bothered about it before jumping to invest in a venture.

Another peril of carelessly adopted descriptive trademarks is the failure to make an everlasting impression in the mind of the consumer. If consumers encounter too many products with similar-sounding trademarks, they would be unwittingly confused while making purchasing decisions.

Just as inventors conduct prior art searches before filing a patent for a technology, entrepreneurs can do a pre-availability search before zeroing in on a trademark. Also, just like an innovative technology, an offbeat trademark is an important tool for differentiation. An innovative and creative trademark by a startup to match an innovative technology or business model would be a delightful IP matrix, propelling growth and market presence. That can happen only if startups avoid stereo typicity in selecting their trademarks. The mantra is to stand out and not blend in, because a quirky name will stick in the minds of a consumer than a stereotypical one. Any sharks investing in that brand mantra?

Latha R. Nair is an IP lawyer and is reachable at latha@knspartners.com

The History of Early Brands and Advertising Is the History of India

Nationalism and pride were built into the efforts of entrepreneurs who created companies and products, from soaps to steel.

Ramya Ramamurthy has made a very brave attempt to document the varied history of branding in India with her book Branded in History. It is copiously researched. In fact, I found that I was constantly making new discoveries about the history of branding in India – and that included brands that I thought I knew well, some of which I personally handled through my 42-year career in advertising.

Ramya Ramamurthy
Branded in History
Hachette, 2021

For example, did you know that Ardeshir Godrej, after returning from Zanzibar (how exotic to be in Zanzibar in 1915), borrowed money from a Bombay merchant called Merwanji Cama, who waived the repayment of the loan on the condition that the name of his nephew Boyce would be added to the name of the company? For some reason, while handling Godrej & Boyce from my days at the erstwhile J Walter Thompson, I had assumed that in its history there must have been a Boyce associated with the company. But I never knew this important detail.

In many ways I also found that the history of brands was inextricably linked with the history of the country itself, and its passion to create products of national importance from soaps to banks to steel. Here, the national fervour for ‘swadeshi’, which was driven by the likes of M.K. Gandhi, Annie Besant and Rabindranath Tagore, must be adequately acknowledged. It far exceeds the passion that is going behind ‘atmanirbhar’ today, for example.

Also, from Ramamurthy’s writing I got a sense of the commitment and pride in producing something Indian which was being pursued by all the Indian entrepreneurs of the day. And the key word here was ‘pride’. I feel that if we were as proud a nation today as we were before independence, we might have been less corrupt for example. For a proud person would hardly accept a bribe from anyone; it would hurt his pride immensely.

Ramamurthy starts the book with the history of FMCG goods, as it is often referred to in India, although I personally prefer to call it packaged goods. Naturally, our first wave of production seems to have gone into soaps, oils, biscuits, snacks and similar products, before we moved on to banking, cement and steel. This is but natural. If we look at Maslow’s hierarchy of needs, the bottom segment of the famous Maslow triangle has always centred around physiological needs.  Which means the need to remain physically clean and healthy is a primary one.

Also read: The Magical Nostalgia Of Old Brands

The author does touch upon the fact that soap was perhaps considered a luxury product in that day. Lux was probably one of the first soaps in the country, with an endorsement from Leela Chitnis. Another interesting piece of trivia. Ramamurthy says that Cinthol was launched in 1952 and it was coined by combining the word synthetic with phenol. And no doubt they preferred Cinthol to Synthol. The origin of brands can often be very interesting.

Another interesting tidbit. Wagh Bakri chai was started by Narendas Desai and was borne out of his experience of racism in South Africa. To spread the belief of equality, they designed a logo with a wagh or tiger, drinking tea from the same cup as a bakri or goat. Today it is the third largest tea company in the country. One can only wish our brands of today could be as noble as some of these old brands and uphold the principle of equality enshrined in our Constitution and the Universal Declaration of Human rights by the UN.

Throughout the book, the author makes reference to the spirit of swadeshi and talks about an ad for Indian soaps that I found most interesting.

Ramya Ramamurthy.

Ramamurthy also covers the biscuits category and how the colonial high tea converted itself in India into “chai and biskoot”. It was a surprise to me that Britannia is even older than Parle and was established in 1892 in Calcutta.  However, it is Parle which has the cheapest biscuit in Parle G which has about 450 calories.

But perhaps the real leap in self-sufficiency for India came from the core sector, including automobiles. And this is where the top industrial houses like Tata, Birla, Godrej and Mahindra aligned themselves to the nation’s interests. Tata Steel, for example, became one of Asia’s first steel plants by establishing itself in Jamshedupur in 1907. Tata’s effort, it seems, had a lot of support both from M.K. Gandhi and freedom fighters like Subash Chandra Bose. Gandhi was one of the biggest supporters of self-sufficiency in heavy industries. The development of the steel industry began to propel other industries like construction, shipping and transport.

The author also covers the banking industry in detail. The reader suddenly realises that banks like Punjab National Bank are really old institutions that were established at the beginning of the last century, along with other banks like Bank of India and Central Bank of India. PNB, Ramamurthy says, was the first Indian bank to have been started solely with Indian capital and its founders included several leaders of the swadeshi movement. She mentions how banks didn’t think of advertising as being very relevant to them to build brands, and I think this trend persists till today. A number of banks still don’t advertise much.

Also read: Enter the Smuggler: The Film Villains of the 1970s Reflected the Reality Off-Screen

After covering the categories of soaps, beauty products, snack and biscuits, Ramamurthy moves on to tonics and pharmaceuticals, tobacco and matchboxes and banks, textiles and heavy industries. I thought that using advertising on matchboxes was quite unique and with the death of the matchbox, we have no doubt lost an important medium for advertising.

Branded in History is a book about advertising and branding that I think would be useful to the practitioner, teacher, student and also laypersons.

Cicero apparently said, “To be ignorant of what occurred before you were born is to remain always a child.” This book, through the medium of brands, tells us about our history.

Prabhakar Mundkur is an ad veteran with over 40 years in advertising in India, Africa and Asia.

The Evolution of ‘Woke Yoga’ as a Branding Strategy

Battles over yoga’s biography have unintended consequences.

If one starts to think about the branding of yoga and the narrative threads involved in creating demand for its consumption, one seemingly insurmountable issue relates to the multiple ways yoga’s biography is imaginatively curated to suit various ends. For example, yoga and Sanskrit are employed by nation states, like India and China, through faith-based development narratives.

While China considers developing “yoga villages” part of its attempt to eradicate extreme poverty and morally edify the masses, this development narrative competes with India’s concept of “Sanskrit-speaking villages,” which are similarly employed.

Yoga’s popular romantic biography pivots from threadbare, forest-dwelling ascetics to flexibly fit urbane people about town. Today, in certain parts of Yogaland – which is a term used to refer to the global consumption-scape of yoga – there is a growing rise in the application of critical race theory and progressive feminist ideology. Over the past few years, the merging of yoga and social justice activism has intensified. Though this appears geographically bound to Western Europe and North America. This evolves out of the critical theories that developed from within the Frankfurt School, attempting to find problematics (wrong think) and attain collective liberation, though not of the mokṣa kind. These theories frame contemporary yoga as indelibly intersected by race, oppression, and appropriation, while promoting a static monolithic view of the past. Innumerable articles exist prescribing how to decolonise one’s practice.

One of the main critiques of the decolonizing yoga movement, which is not necessarily unified in its ambitions, is the ways in which yoga’s “history” is supposedly taken out of context, while the “embodied practice” is diluted and stripped of its full potential. This has caused the roots of yoga to be trimmed of its source. The irony is that these historiographical origins are often completely removed or altered to suit the decolonizing project of “honouring yoga’s roots,” where the earliest layers of “yogic wisdom,” and the term, yoga, first appears. Even though it specifically refers to the action of harnessing for warfare, cattle raids, and migration, it is not surprising that this fundamental element is so often omitted. Today, the pursuit of wellness, stretching, and social justice replace yoga’s root. Though none of this is accurate, yet, somehow these honour its roots.

People do yoga by the Ganga at Rishikesh. Photo: DJ SINGH/Flickr (CC BY-NC-ND 2.0)

Success in the martial action of yoga enabled kṣema, or relative “times of settled rest.” The early Ṛig Vedic culture (1200–800 BCE) is defined in the unassailable sections of Hinduism’s corpus, as one that engages in yearly cycles of action and rest. The compound, yoga-kṣema, refers to acquiring and preserving prosperity and property, at the expense of others. None of which is related to being equitable, inclusive, or just.

The etymological root and historical origins of yoga reportedly relate to the martial action of uniting with other “strong-armed” men to destroy one’s enemies.

Ironically, yoga’s biography is often reconstituted to suit this emergent narrative, which asserts that yoga has always been about social justice, which is now “too white.” It appears there is no yoga without justice and no peace without yoga. Does this not seem close to the earliest definition of yoga-kṣema? One representative organisation, Yoga for Black Lives, has instrumentalised yoga to “combat state-sanctioned violence that Black people across the United States experience,” which “support resistance to this kind of violence by giving people the opportunity to take part in a life-affirming and life-sustaining practice.” 

Yoga is now considered a political act and radical health intervention. The yoga of today is reframed as the action of social justice, through which the perceived whiteness of the global consumption-scape of Yogaland must be decentred. Increasingly, white yoga entrepreneurs are asked to offer free classes to BIPOC students and promote and centre BIPOC teachers, as well as “help create access for what we believe is transformation of yoga in the West.” This includes the Afro Yoga Allies, which asserts the necessity of making reparations to help “dismantle racism and white supremacy while directly investing 100% of proceeds to yoga teachers of colour.” Though, why does decolonising yoga look more like a turf war and a takeover attempt?

Also read: The Story of Yoga’s Sporting Journey

The perceived dilution and hyper-commodification of yoga occurs in roughly the same way all over the world. No matter the country or culture. It is not the sole domain of white people to uproot and appropriate this cultural practice, as many of the popular narratives used to create yoga’s history in India do not square with the linguistic, archaeological, and historical records. The rampant commodification and essentialising of yoga across Asia, especially in India, China, and Japan, helps in advancing market share in domestic wellness tourism, which typically far outweighs any profit made from international tourism, pandemics, or no.

It is strange that only white people and their “Western yoga” are deemed capable of hyper-commodification, while Asia’s adoption of self-orientalising narratives, such as the Incredible!ndia advertisements, which recycle affective moods of the “mystical and sacred Orient,” contain essentialised, “racist” tropes about the East and Asians being “more traditional” or “spiritual.” As the Nippon Yoga Union claims, Yoga has been practiced in Japan for 3,000 years. Even though the term, yoga, does not appear to have arrived in Japan until Kukai (774–835), also known as Kobo Daishi, returned from China at the beginning of the 9th century, to establish the Vajrayāna Buddhist-inspired school of esoteric Shingon.

A morning yoga session peering into the jungle in Ubud, Bali. Photo: Jared Rice/Unsplash

It appears to be the case that one’s credibility to employ essentialisms is determined by skin colour. Take, for example, the criticism of “Hip Hop Yoga” and its perceived cultural appropriation by white people and compare it to black culture’s “Trap Yoga.” While the former is derided, the latter is celebrated for its fusion of yoga with trap music, without any mention of causing harm through appropriating traditional Indian culture, or for that matter, the perceptibly white culture of modern yoga.

Myth and mystery are key to the branding strategies of the petit bourgeois yoga studio owner, who often, though inadvertently, take cues from India’s Ministry of Tourism and the Ministry of External Affairs. Any yoga entrepreneur trying to put some chapatis on the table uses the same essentialised communication strategies as these ministries. The same essentialising logic is core, as much as it is legion. The industry, no matter which market/continent is discussed, ensures that every yoga teacher must keep grinding out a living in an overly saturated market, which keeps churning out too many yoga teachers, many of whom are thoroughly underemployed.

Is it really the case that Yoga’s perceived issues with equity, diversity, and inclusion only emerged through the perceived white supremacist take over?

As a counterpoint, it is worth considering that from its proto-stage of development, yoga was an antinomian pursuit, predominately, if not exclusively, practiced by male social outcastes sidelined by the hegemony of Brahminical orthodoxy, which imposed innumerable daily rites. Though, much of the heterodoxy that emerged in competition was later absorbed. The best example of this is the Bhagavad Gītā, which clearly appropriates ideas and terminology from other groups, such as the Buddhists.

Today, the global yoga consumer cannot but help imbibe the ‘upper’ caste sentiments of a Sanskritised and sanitised biography, which many South Asians have never considered part of their history. Though, attempts to level white supremacy with caste supremacy, as a way to holistically decolonize yoga, with assertions that sūrya namaskāra (sun salutations) “has no roots in ancient yoga but was formed through modernisation by Europeans to integrate fitness into the practice” demonstrate selective readings, or, perhaps, none at all, rather to suit an ideology. The fact is that sūrya namaskāra emerged out of India’s physical fitness culture over a few centuries and was created by Indians who were partly influenced by European physical culture. It would help if the decolonisers could get their yoga mats in order.

Though, seemingly not much more than a Facebook group, the activists working with Dalit Yoga seek to claim a space for all the othered communities in Indian society, at home and abroad. A backdrop to this is the objectionable statements by Rajiv Malhotra, who seems to have a limited idea of what jobs Dalits are entitled to or can do. For instance, he does not think Dalits are scholastically inclined, which makes them suitable for “body stuff,” like yoga teaching, and being a maid or driver.

The decolonizing of yoga must address the monolith of vaṛṇajātī, as difficult as this is.

One could argue that modern Yoga’s global popularity, which is critiqued as not being democratic or diverse enough is, in fact, that which it is claimed it denies. It is capitalism that democratised and popularised yoga, making it accessible to billions of people all around the world and able to seep into the most banal layers of the twenty-first century social imagination. There is an ever present irony related to how yoga entrepreneurs use yoga to disrupt and dismantle the very capitalist infrastructure that made it globally popular. If it were not for capitalism, India would not have the symbolic capital it derives through the International Day of Yoga.

Life, in the early Vedic period oscillated between times of seasonal movement (yoga) and times of settled peace (kṣema). Jarrod Whitaker explains how yoga relates to the act of “harnessing” animals to carts and weapons to bodies, for warfare and travel. Though, importantly, it does not simply refer to plowing fields. Even if this agrarian trope is often used.

Prime Minister Narendra Modi celebrating International Day of Yoga in Ranchi on Friday. Image: Video screengrab

Prior to each period of yoga, the poets and strong-armed men performed rituals to gain support of the god of war. Adding to the irony, the aim of Ṛig Vedic soma rituals was to manifest Indra’s help in obtaining victory in battle. Soma refers to a fermented drink, which possibly contained ephedra, cannabis, and other intoxicating substances. Aldous Huxley refers to it in his novel, Brave New World. While the original Vedic beverage is said to have emboldened and strengthened those who consumed it—in preparation for battle—Huxley’s hallucinogen promotes well-being and the replacement of religion through spiritual but not religious escapist sentiments and a lowering of critical thinking skills. Huxley seems to have inadvertently predicted the rise of the global wellness industry and Yoga’s role within it, as part of a new Yoga-inflected social justice theology. Within a Huxlian frame, Yoga is the soma that puts those who practice it, to sleep, as the Latin root suggests. The irony that Woke Yoga has a far greater soporific effect, as opposed to stimulating, should not be underestimated. Though, if the ritual supplication succeeded, Indra, drunk on soma and puffed up by praise, would lead the seasonally amalgamated tribes as their symbolic chieftain (rājan). As the “war king,” Indra was responsible for controlling the war band and defeating foreign parties. Though, for some reason, the typical “5,000-year-old Yoga narrative” instead explains, that:

The word “yoga” does appear in the older Vedas; however, the context of its use is more as a state of unitive/transcendental consciousness rather than as a contemplative behavioural practice.

If this is the case, then destroying one’s enemies is a peculiar way of attending to the pursuit of universal consciousness and dealing with trauma. Some decolonisers go as far to say there were no kings, armies, police, etc., or that society was egalitarian. It is hard to know what to make of the clear administrative hierarchy, some of which includes the village chief (grāmiṇī), district chief (viśpati), leader of an army (senānī), leader of a division (senāṅgapati), leader of a troop (cakranāyaka, gaṇapati), leader of an army and village chief (senānigrāmaṇī).

Also read: Where Does India Stand When It Comes to Yoga Tourism?

This leads toward one of the most well-known stories from the Ṛig Veda, which is found in book seven (of ten), regarding the ‘battle of the ten kings’ (dāśa-rājña). As the early Vedic period advanced through its mature and later periods (1000–500 BCE), the smaller tribes (janas) grew into larger and more complex amalgamations (janapadas). This resulted in more complex economic battles evolving from simple cattle rustling into battles over land. This is 2000-plus years before any European colonisation occurred. As well as the pre-modern antecedents of modern postural yoga, which started to emerge from the eleventh century CE onwards in Buddhist Tantric texts. Yet, multiple examples exist claiming this idyllic utopia was vegetarian. Even though this is at odds with the graphic Ṛig Vedic poetry celebrating the slaughter of animals and Indra’s joy at seeing rivers of blood, the smell of entrails, and the buzzing of flies. To which his pleasure was only outmatched by the smell and sizzle of the slaughtered animal’s fat dripping on the coals, and, of course, eating it.

How does obfuscating Yoga’s cultural ground zero honour anything?

It seems that a common impression of the “Vedic Period” is one where everyone just lived a peaceful agrarian existence punctuated by some stretching, farming, and rituals. The Yogi Approved website explains that, “yoga first made an appearance in the Rig Veda, the oldest of these scriptures.” Next, it relates yoking to harnessing two animals together to plow fields, and that, “essentially, to yoke is to create a union, and this is typically how we hear yoga defined today.” There is no mention of warfare. Though the author asserts their credentials as a teacher of Yoga’s history, it is difficult to understand why they either choose to edit out the martial context or do not know about it. Neither option is tolerable for anyone proclaiming to be an expert on the history, origins, and development of yoga.

Soldiers perform yoga in Siachen, June 21, 2016. Photo: PTI/File

The following is indicative of a popular yoga narrative and how it is contorted. Writing on the topic of Cultural appropriation, colonialism, and capitalism: Yoga in the 21st Century, Hannah Dahl claims that Yoga was either borrowed or stolen. Even though Narendra Modi claims it was gifted to the world, Dahl says, that:

“Yoga originated in what is now Pakistan, in the northwest part of India during the Vedic times. According to Indian scholars, this could have been as far back as 5000 BCE, making yoga one of the world’s oldest spiritual practices, said Susanna Barkataki, a British-Indian yoga teacher and yoga culture advocate. Yoga’s sister science, Ayurveda, is considered to be the oldest science in the world. Aside from some scholarly debates over when exactly yoga emerged, one thing is abundantly clear — it started in the East, and has always had roots in Eastern spiritual practices.”

Apparently, it is only scholarly debates that get distracted by niggling issues and forget about simply living a yoga lifestyle. Though, if facts and figures are oppressive, why are they used at all? Why do decolonizers of Yoga, who clearly have little regard for history or know much about yoga’s complicated story, even bother to include dates? Why do they begin their victimhood narrative that white people stole yoga when there is ample evidence showing that various sects and schools within South Asia borrowed, stole, appropriated, improved through doctrinal innovations, and fought and killed for access to and possession of technological profits and control of mercantile trade routes and centres related to Yoga?

Dahl, like many others, seems unaware that the Bronze Age, Indus Valley Culture (3,500–1700 BCE) is not the same as the Vedic Culture (1,200–500 BCE), either culturally, temporally, or geographically. This monolithic appeal to mystery is a universal marketing tool. Take, for instance, the narrative that “yoga is 5,000 years old.” Though, most of what appears in the previous link is patently misinformed romanticism only pretending to be factual, it is, nonetheless, an indelible refrain. Who needs facts when appeals to emotion are far more effective? This website claiming to offer the history of yoga, is indicative of general template. It mentions the self-proclaimed steward, Susanna Barkataki, who perceives that:

“Yoga is a practice that comes from the subcontinent of India and has been practiced, passed down, codified and developed for [sic] somewhere between 2,500 and 10,000 years. We don’t know the exact dates for when yoga was first practiced. Based on more recent research, Western scholars are dating yoga to around the time of the Buddha, some 2,500 years ago.”

Barkataki provides an explanation of what yoga is, which drips, not with the sweat of ホットのヨガ (hotto no yoga), but with an indelible irony. Apparently, there have been:

“…some misunderstandings as to what yoga is in the West today. The problem with these misunderstandings is they dilute yogic teachings to the point where yoga is barely recognizable at all. Change is always happening, so why does this matter, you may ask? At its root yoga is a practical, structured, scientific framework and embodiment practice that aims at curing our personal and social ills.”

Students practice yoga during a training session ahead of International Yoga Day. Photo: Reuters

One might wonder, though, how yoga’s abovementioned root resembles the linguistic root relating to warfare. It might cause one to wonder if the decolonisers of Yoga, who engage in diluting Yoga’s root through promoting their brand of social justice-oriented Yoga, have much knowledge of the complex and dynamic past. One flag goes up with the conflation and mingling of yoga with Ayurveda. The popular narrative revolves around these so-called “sister sciences” having 5,000 years of direct interaction and exchange. Yet, this is a fantasy. There is no historical link, as Suzanne Newcombe explains, prior to their wellness merger in the 1970s. It seems that Yoga has had a heart transplant, because Barkataki claims that:

“Yoga, at its heart, is a radical and civically engaged practice.”

Essentially, there are some familiar traces from Harappan society seen in contemporary Hinduism. Though, they are also found across a much larger and older pan-Asian political-religious economy and long-distanced trade back as far as the third millennium BCE. Suggesting a socially engaged yoga originated before the Vedic culture, without any evidence, does not honor any roots. If anything, this narrative is a colonial construction and is recycled to supposedly decolonise yoga. In fact, a multilayered meta-tautology emerges through the decolonisers using colonially constructed narratives to recolonise Yoga.

Scholars of yoga and consumers, alike, are caught in their own consumer/producer cycle that too often involves appeals to mystery. Scholars, if writing to the Yoga consumer audience, might frame the history of Yoga more in line with popular narratives. This might occur even if they know the history is in fact different and more complicated. Still, mystery is used to promote the idea that it might, probably, or could, be true. See Daniel Simpson’s disdain for academic enquiry and preference for “mystical zeal,” through which he seeks to protect the “practical objectives” from the “intellectual gymnastics,” which, in his opinion, “are clearly a block to the ultimate goal of transcending the mind.” Though, Simpson’s new book, the Truth of Yoga, might be best described as a collection of all the colonially constructed, Orientalist imagined narratives, which are unironically presented as truth. Even though it seems the sophistry of scholars can get in the way of honouring yoga’s roots, because consumers of yoga generally prefer romantic simplistic reification over complex nuance, we know much more than any History of Yoga section in most yoga teacher training manuals will ever likely include. Even though it could. A common example is found in the claims of Yoga Basics suggesting its origins of 10,000 years while conflating the Indus Valley Culture with the Vedic Culture. This lecture by archaeologist, Mark Kenoyer, has some of the most recent knowledge on this fascinating topic. So too, the reprint of Andrew Robinson’s book, The Indus provides valuable insights.

Sanskrit is often considered the “language of the gods” (devabhāṣā). It is intimately connected to yoga. Though, riding roughshod over millennia, according to Barkataki: 

“Sanskrit is a specific and precise language with powerful resonance. Each sound has embedded within it the essence of the meaning of yoga itself. It is important to use the original language used at the time when yoga was first organized into a system or way of being in relationship with one’s self and the world.”

Over 3,500 yoga enthusiasts take part in one of the biggest yoga events in China in Wuxi. Photo: PTI

Sanskrit has multiple layers and has evolved over time. Even though Barkataki seems to imply it just emerged and was perfect from the beginning, because Yoga was:

“codified and developed for [sic] somewhere between 2,500 and 10,000 years.”

What is difficult to assess is the degree to which the generic decolonizing rhetoric crosses over with neo-colonial Hindu nationalist rhetoric, which Barkataki does speaks out against and calls for introspection. Though, it is confusing. For instance, her preferred narratives, which are the dominant decolonizing narratives, read like these Hindu supremacist assertions. This speaks to the fact there are multiple ways in which the social worlds of decolonizing Yoga social justice advocates seamlessly cross over sharing the same sentiments and narratives as Hindu supremacist ethno-nationalists. Though, not all scholar-activist-yoga practitioners entertain the myth-making rhetoric.

Seena Sood’s discussion of decolonising through critical self-introspection and the difficulties in demarcating boundaries is noteworthy. So too, Anusha Laksmi presents a valid critique of the issues with Yoga’s international day and ethno-nationalism. Particularly because these boundaries are porous and the sentiments subtle, which allows for untold spiritual bypassing.

If the reader is curious, here is some of the original “language of yoga.” This is the cultural and linguistic root, which does not square with any contemporary narrative suggesting social and political justice is the core of yoga’s origins. Any attempt to assert such a biography, as part of a social justice inspired, neo-colonial attempt to reclaim an imagined past and weaponise it to create a fortified moral community around the idea of a global yoga tribe, seems to miss the point, and certainly falls short of honouring yoga’s roots or, for that matter, bringing people and groups together.

Based in Japan, Patrick McCartney is trained in archaeology, political-economic anthropology, sociolinguists, historical sociology, and classical philology. His work focuses on documenting the imaginative consumption and biographies of yoga, Sanskrit, and Buddhism. He tweets @psdmccartney and @yogascapesinjap.

Justin Trudeau’s India Fiasco Shows the Pitfalls of ‘Nation Branding’

Justin Trudeau’s disastrous trip to India is regarded by some as an exercise in so-called nation branding gone badly. But we might want to blame the game, not the player.

Justin Trudeau’s disastrous trip to India is regarded by some as an exercise in so-called nation branding gone badly. But we might want to blame the game, not the player.

Trudeau greets the people during his visit to the Golden temple in Amritsar on February 21. Credit: Reuters/Adnan Abidi

Justin Trudeau’s multiple missteps on his recent visit to India – wearing inappropriately formal dress and posing for corny photo-ops, at least once with a controversial figure – have prompted critical onlookers to suggest that self-awareness is sorely lacking from the Canadian prime minister’s “brand.”

The ease with which we use the term “brand,” especially when speaking of political diplomacy, underscores how the discourse and practice of corporate branding has spread into previously unbranded contexts.

Branding now encompasses the management of a nation’s image.

A brand is an identity deliberately crafted according to the principle of competition, oriented from its outset towards the market and circulated with specific, competitive goals in mind.

A brand must be at once marketable – recognisable, preferably “authentic” – and distinctive from other competitors.

A narrative, name and logo – in textual and visual forms – are the common vehicles for these distinctive identities. Through repetition and over time, these names and images become enmeshed with a variety of meanings that go far beyond the qualities of any literal product.

‘Brand identity’

The term “brand identity” reflects this, implying that the way a company presents itself to its target audience should also convey its broader priorities and values.

Brand identity explains why a series of sentimental McCain frozen food advertisements that ran in the UK, for example, focused on celebrating the diverse and myriad forms of modern-day families and romantic partnerships. The brand wants us to associate their product with love and family. The oven-baked French fries were merely incidental:

Brand identity is also why, we might cynically observe, a corporation like Starbucks bothers with philanthropic outreach.

This notion of competitive identity has extended from its origin in the world of marketing into the economic and political fates of nations.

This is a recent chapter in the longer story of neoliberalism, advocated for by a select group of economic advisers to the Margaret Thatcher and Ronald Reagan administrations in the 1970s and ‘80s.

Alongside the explosion of globalisation and an overarching shift towards entrepreneurial forms of governance, the now-pervasive market logic of neoliberalism has reconfigured distinctions between economics, politics, international relations, cultures and identities.

Countries as corporations

Nations have essentially become corporations, citizens are stakeholders and consumers, identities are brands – and business tycoons become presidents of the free world.

The industry of nation-branding emerged in this context.

British PR experts like Simon Anholt offered governments a way to counteract the erosion of traditional forms of national legitimacy and to shore up the interests and authority of political and socio-economic elites to exploit free market exchange.

Proponents argue that branding is an essential means of harnessing control over the nation’s image, which already exists “out there” in the stereotypes a person might have of a place and its people.

Often this rationale means engaging directly with negative clichés: Colombia’s tourism slogan “The only risk is wanting to stay,” for example, riffed off the country’s reputation for drug-related violence:

Earlier this year, a Haitian ad agency spun Donald Trump’s “shithole country” affront into a campaign idea, plastering taglines such as “Our shithole beaches go on for days!” and “Welcome to shithole island!” over shots of idyllic coastlines.

Some champions even go so far as to suggest that nation-branding offers the chance to level a playing field made uneven from histories of colonialism, violence and exploitation, offering new opportunities for profit and self-representation.

In Latin America, a historical sense of inferiority to the West has often incited assertions of regional and national distinctiveness in ways that segue into the logic and practice of branding. Turning the nation into a singular, attractive narrative – a brand – allows a shrugging-off of painful pasts.

But while engaging with stereotypes may guarantee your inclusion in the marketplace, it still serves to perpetuate unequal images, confirming certain nations, like Cuba, as carefree and exotic, and others, like Great Britain, as serious and industrious.

Nation branding is also directed internally, towards the population, placing branding within a longer history of collective self-imagining. But securing the consensus that branding requires among such a broad range of stakeholders can be tricky.

To name one example, branded mega-events like the Olympics promise the host country huge profit, development and priceless PR coverage, but, as intense debates and protests in the run-up to Brazil’s 2016 hosting of the Games bore witness, they may also stir up underlying currents of exclusion and inequality among the citizenry.

Besides, enrolling the private sector, the public sector and civil society as stakeholders in one entity – the city, region or nation – that is itself reconfigured as a sort of corporation exposes its ultimate motive: Profit.

The ConversationGiven these complexities, we ought to take a critical view of the nation brand – and in evaluating Trudeau’s diplomatic debacles as a failure to be “on brand,” we might want to deride not the player, but the game.

Rebecca Ogden, Lecturer in Latin American Studies, University of Kent

This article was originally published on The Conversation. Read the original article.

Former Sex Slave Helps Women Reclaim Branded Bodies with New Tattoos

Survivor’s Ink has so far provided grants to help around 100 women cover up their slavery brandings.

Representative image. Credit: Reuters

Representative image. Credit: Reuters

London: After escaping years of sexual slavery, Jennifer Kempton could not look in the mirror without being taken back to her dark, traumatic past.

On her neck was tattooed the name of one of her traffickers along with his gang’s crown insignia. Above her groin were the words “Property of Salem” – the name of the former boyfriend who forced her into prostitution nine years ago.

“Slaves have been branded for centuries and it’s just evolved into being tattooed. It’s happening all over the world,” said Kempton, who suffered horrific brutality during six years working on the streets of Columbus, Ohio.

Today the tattoo on her neck has been transformed into a large flower “blooming out of the darkness”. Three other brandings have been masked with decorative, symbolic motifs.

Two years ago Kempton, now 34, set up a charity called Survivor’s Ink to help others who have escaped enslavement get their brandings covered up or removed.

“It was very empowering for me so I wanted to pay forward that liberation to other girls in my area who had been branded like cattle, just like I was,” Kempton told the Thomson Reuters Foundation.

Most requests for help come from women in the US, but the grassroots project increasingly receives applications from other countries including Canada, Britain, Australia and Croatia. Some of the stories are very disturbing.

Kempton said they recently helped a woman in Britain whose mother had carved the word ‘whore’ into her leg when she was a child and sold her. Every time the word faded it was recarved.

Globally some 4.5 million people are trapped in sexual exploitation, according to the International Labour Organisation, generating an estimated $99 billion in illegal profits a year.

Sold and resold

Kempton says there is a major misconception that women trafficked into prostitution are brought in from poor countries.

In the US an estimated 80% of women trafficked into prostitution are US-born citizens, Kempton said, ahead of the Trust Women conference in London this week which will focus on human trafficking and slavery.

Kempton wants tougher penalties for traffickers and improved training for police to better identify and help victims.

She is also an advocate of an approach adopted by Canada and some European countries which criminalises men who buy sex rather than the women trafficked into prostitution.

Describing her downward spiral, Kempton refers to a dysfunctional background in which she was raped at the age of 12. In her 20s, after a series of abusive relationships, she thought she had finally met her “Prince Charming”.

But he soon got her addicted to heroin, put her on the streets and plied her with crack cocaine so she could work longer hours.

At one point she was kidnapped by armed men who locked her in a hotel room to have sex with a stream of men.

After escaping to her “boyfriend” she discovered she was pregnant with his child, but when her body grew and her earnings shrank he sold her to a couple of drug dealers.

After the birth she was sold again “to the most violent gang in Columbus”.

The turning point came in April 2013 after a brutal rape.

During a prolonged attack, she was beaten beyond recognition and raped with a knife. As she fled the house bleeding, she begged two men for help but they laughed and locked their door.

“The sound of the door locking just echoed in my mind. I was locked out of society, I was not seen as worthy of help,” said Kempton. Afterwards she tried to hang herself, but the rope snapped.

In her despair, she heard a voice telling her she had a purpose in life “and it wasn’t to die in the basement of a crackhouse”.

Survivor’s Ink has so far provided grants to help around 100 women cover up their slavery brandings.

“It’s always amazing to see the look on their face when they no longer have to look at this dehumanising mark of ownership and violence,” Kempton said. “Sometimes I’ll get a call a few days later with someone just bawling their eyes out saying ‘Oh my gosh, I can actually look at my body. It’s my own again.'”

(Thomas Reuters Foundation)

Mind the Gap When It Comes to Branding

The Zika-Zica mix-up is simply the latest in a line of corporate branding failures

Bad Luck: In an unfortunate coincidence, Tata Motors' latest offering shares a similar name with a devastating mosquito-borne virus. Credit: Tata Motors,

Bad Luck: In an unfortunate coincidence, Tata Motors’ latest offering (Zica)  shares a similar name with  devastating mosquito-borne virus Zika. Credit: Tata Motors (R), Shutterstock (L).

The Zika virus on Tuesday claimed its most unlikely victim yet: the new entry-level hatchback from Tata Motors.

The homegrown automaker has announced that its much-advertised new car that it paid Lionel Messi a fat fee to endorse would be given a new name in order to avoid any association with the mosquito-borne virus that is causing havoc across Latin America and has devastating consequences particularly for pregnant women. Zica was a mash-up of ‘zippy car’.

What’s in a brand name, one might ask. While the Zica-Zika affair is understandable, is it worth spending millions of dollars in scrapping advertisement and marketing campaigns in order to change a logo, a product name or in certain cases a brand ambassador? For companies, these seemingly innocuous details, often cobbled together with only one context in mind, can pack a heavy punch: a little over 30% of the stockmarket value of companies in the all-important S&P 500 index is attributable solely to the company’s brand name.

With so much on the line, companies, governments and organisations have little choice but to agonise over branding decisions. And yet, corporate history is littered with examples of hastily conducted rebranding exercises and instances of branding backlashes. Some of these can be chalked up to simple bad luck, as in the case of Tata Motors and its Zica hatchback, while others are often because of cultural insensitivity, ignorance and in the case of Aamir Khan being dropped as brand ambassador by the tourism ministry, an example of political intolerance.

Marketing failures & corporate ignorance

Believe it or not, the Zica isn’t Tata Motors’ first branding failure. One of the company’s most famous cars, the Tata Nano, was the subject of much media attention as it was widely regarded as the world’s cheapest car. This perception however didn’t prove to be favourable. Instead of being seen as highly affordable it was seen as cheap in the worse sense of the word; not suitable for aspiring people, unsafe, and simply not cool enough. Sales never really took off and last year, the company’s former chairman Ratan Tata admitted that branding the Nano as a cheap car “was a big mistake”.

While the failure of marketing strategies are a difficult tactic to master, with the chances of something going wrong being quite common, one would think the art of coming up with logos and designs would be much easier (the cardinal rule is to of course avoid anything that even remotely looks like human genitalia, which some companies still get wrong). And yet, in a few cases, companies are ignorant of just how attached their customer base is to a particular logo.

The Gap Flip-Flop: A Costly Branding Mistake. Credit: Gap

The Gap Flip-Flop: A Costly Branding Mistake. Credit: Gap

In 2010, around Christmas time, apparel retailer Gap launched a new logo design and branding campaign without warning, removing the company’s classical dark blue and bold font logo of 20 years and replacing it with something more light and corporate. Angry online outrage followed and Gap performed what may be the quickest about-face in corporate history by reverting back to their original logo just six days after launching the new design. The company simply underestimated how beloved its original and long-time branding was. This mistake, however, wasn’t cheap: several rough estimates put the whole marketing exercise at anywhere between $5 million to $20 million.

Other similar and ill-advised attempts include Tropicana, which decided to suddenly change its classical ‘straw in an orange’ logo, Coke and British Petroleum.

Cultural insensitivity and language barriers

If there was a holy book of branding failures, the chapter on translating product names across languages and taking into account different cultural sensibilities would be the biggest. The automobile industry, it appears, is usually the worst offender.

In 2001, executives at Honda discovered to their horror that their soon-to-be-launched hatchback, which was called ‘Fitta’, was slang (in a number of Scandinavian languages) for a woman’s genitalia. The cherry on the cake was that the slogan for the car was: “Small on the outside, but large on the inside”. Fortunately, the company caught it just before its Europe-wide launch and re-named the car to ‘Fit’ in the U.S and marketed it in India and other countries as ‘Jazz’, which actually went onto to become a very popular hatchback model.

Most of these mistakes come as a result of operating across different markets and cultures. For instance, the Japanese car maker Mitsubishi decided to call its sport utility vehicle ‘Pajero’ as a tribute to the Argentinian Pampas cat. However, the company was forced to change the name of the car in Spain (where the word ‘pajero’ refers to the act of masturbation) to Montero, which translates to the much-better “mountain hunter”.

Examples of poorly-chosen product or brand names isn’t only limited to the global car industry though: the Japanese and Chinese food and beverage industry is replete with examples of ‘Dick Stick’ (a deep fried rice stick coated with sesame seeds), ‘Cream Collon’ (a biscuit snack shaped like a small tube and filled with cream) and ‘Pocari Sweat’ (a Japanese soft drink).

A Confusing Delight: Cream Collons are a Japanese sweet treat. Credit: Japan Snack Review

A Confusing Delight: Cream Collons are a Japanese sweet treat. Credit: Japan Snack Review

However, just because a product or brand name changes meanings across markets or acquires a different connotation, businesses don’t always immediately change strategy. Quickly changing the identity and design of a product can result in a sales drop of 5% to 20%, according to market research, thus making it an unviable option in certain cases. The best known example of this is the Buick LaCrosse, a car from General Motors. In Quebec, ‘LaCrosse’ is a quirky local term for masturbation. While the company initially changed the name to Buick Allure in Canada, the company realised that it would be much more cost-efficient in terms of marketing to use one name across North America and thus changed it back to LaCrosse.

Closer to home, when online food review service Zomato changed its logo from a heart shape to a spoon, Twitter users pointed out that it looked strikingly close to the the popular cultural representation of human sperm. Zomato CEO Deepak Goyal, however, refused to budge and instead has chosen to ride out the controversy and the spoon logo remains today.

Political controversies

Political backlash and marketing disasters don’t usually go hand-in-hand, but when it comes to Aamir Khan, Indian right-wing nationalism and the BJP party, they do. In November last year, Bollywood actor Aamir Khan became the source of much media attention after announcing that his wife suggested they leave India because of how religiously intolerant the country was becoming.

The most unlikely casualty of the outrage that followed was Khan’s brand endorsement deals. Unlike corporate branding disasters, which are expensive but can be easily reset, marketing campaigns that are politically controversial play out in a different manner. A couple of months after Khan’s remark, the Minister for Tourism Mahesh Sharma announced that the actor would no longer be the face of the government’s Incredible India campaign. However, officials maintained that Khan was not “booted out”, instead pointing out that his contract had come to an end and would not be renewed. Amitabh Bachchan proved to be the perfect replacement, despite officials commenting that the BJP-led government would look beyond Bollywood for the Incredible India campaign.

In terms of corporate branding, online retailer Snapdeal was hit the most. After Khan’s remarks, a section of Twitter and Facebook users started an online boycott of Snapdeal, which had featured Khan prominently in their new marketing and advertising campaigns. According to a  number of reports, within 24 hours, over 80,000 people had uninstalled the Snapdeal app from their smartphones. The company was quickly forced to go into damage control mode and issued a statement that “distanced Snapdeal from statements made by Aamir Khan”. Again here, while the company hasn’t yet scrapped its contract with the actor, the Economic Times reported that it would be very unlikely “if another Aamir Khan Snapdeal ad” made its way into the public again.

Plain bad luck

In a few cases, there’s nothing a company or organisation can do to accident-proof its branding efforts. As Mint recently reported, in light of the Zika-Zica incident, design consultancy firm WPP Group (one of the industry’s leaders) has decided to hire a social media agency for all future projects, to “ensure that the potential brand names they choose are not dogged with any controversy in any part of the world”.

Where this type of research would be particularly useful would be in the case of sportswear manufacturer Umbro, which in 2002, called one of its running shoe products ‘Zyklon’. Zyklon, as company executives would have known if  they hadn’t slept their way through history in school, was the lethal gas (Zyklon-B) that was used by the Nazis to kill many of their victims during the Holocaust. After complaints from a number of Jewish advocacy groups, the company agreed to drop the name.

Other classical examples in the past that share the poor bad luck of Tata Motors are ‘Ayds’, a brand of appetite-suppressing candies that came with slogans such as “Ayds helps you lose weight”. After the AIDS disease crisis of the 1980s and 1990s hit, the company was forced to rebrand to ‘Diet Ayds’, which still didn’t really work out for it.
In recent times, the terrorist group ISIS has forced everything from mobile wallet platforms to chocolate companies to change names. In the case of the company behind the mobile wallet app, as The Verge points out, the company was forced to change name also because the Middle East terrorist group was beating the company when it came to results displayed by top search engines.