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The year of 2019 has been regarded as the most promising year.
It started with Disney's magnum opus announcement to deliver
two motion pictures consecutively. The much loved 'Aladdin'
and the popular 'Lion King', is all set to captivate the
audience in the coming months. But, is everything hunky dory in the
Disney world?
In the recent news, a brazen petition was undertaken by Mr.
Shelton Mpala, to direct the Disney Company from relinquishing the
trademark of the phrase "Hakuna Matata." The term is used
in the movie "Lion King" by the characters of the movie
'Timon' and 'Pumba', as lyrics of a song. The term,
in Swahili means "no problem" or "no worries."
Disney had initially used the term in the 1994 animated movie
"Lion King" and applied for a trademark of the same,
which was granted to them, by the government of USA, in the year
2003. The term not only gained humungous popularity on a global
scale, but also, it was extensively used for character
merchandising in the USA. However, it has come in the
limelight recently, after the announcement of the much-awaited
motion picture, with the same name.
What is a lesser known fact is that the term was first used in
the song "Jambo Bwana" by the Kenyan band, Them
Mushrooms, in the year 1982, which was a platinum hit. The catchy
phrase was then picked up by Disney, for an animated movie
showcasing African wilderness and habitat.
According to Mr. Mpala, it is unethical for Disney to trademark
a phrase that is used across several countries in Africa like
Kenya, Uganda, Tanzania, Democratic Republic of Congo, etc. His
petition has been signed by more than 52,000 people, in an attempt
to put an impediment on the Western culture to stop the unethical
copy pasting and pilfering of other cultures and tradition. He
accused Disney of gross misappropriation of culture and questions
the fact as to how, a huge American company like Disney can assert
an unlawful claim over something that is not indigenous to their
country or culture?
This isn't the first time that Disney has attempted to
trademark, without having appropriate right to do so. In the past,
they tried to gain exclusive right over the phrase Dia de los
Muertos (aka the Mexican Day of the Dead
festival) with respect to their movie "Coco" which
was set in a Mexican festival and culture. The phrase was to be
acquired specifically for character merchandising but a huge uproar
regarding the acquiring of the exclusive right, especially from the
Mexican community mounted immense pressure on the company and
ultimately, the company had to drop the efforts to do so.
The question here is: is it really an unethical practice by
Disney to trademark the phrase? The exclusive right over the use of
the term was granted to the Company several years ago. So, why
wasn't there a hue-cry over it, back then? The issue here seems
to be more of moral, rather than a legal one. The animated movie
has been in existence, and on loop, since several years now. Be it
movies, adaptations, plays, musicals, the movie and the phrase have
been on the tip of the tongue of every person who was or is being
exposed to this story or movie. So, why is there a sudden
hullabaloo regarding the technical re-use of the phrase, by a
company who has the legitimate right to use it? Why weren't the
objections of western pilfering and the gross misappropriation of
culture, raised initially? From an unbiased point of view, Disney
has the right and the means to use what is rightfully and legally
theirs. The allegations of the act having a colonial hint, is not
applicable in today's time. On the contrary, the use of words
such as "colonialism" is visible as an attempt to morally
undermine and emotionally blackmail a Company into non-usage. This
too, would be heralded as unethical and an unfair fight. Also,
there is a possibility of the presence of a mala fide intention to
cash in the popularity of the famous movie and company, in an
attempt to stay in the limelight of media.
Conclusion
In the light of the above developments, some may opine that no
matter how noble the efforts may seem, it might be a little too
late by individuals at large, to put an impediment on the use of
the phrase, because as per the Latin phrase "Vigilantibus Et
Non Dormientibus Jura Subveniunt" the law helps those who
are vigilant with their rights and not those sleep thereupon.
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