The Bobba Crisis: Walking Right into The Dragon’s Lair

In a recent social media drama, the delectable bubble tea is yet again put into the spotlight as heated debate arises from the latest episode of Dragons’ Den Canada. If you ever heard of Shark Tank, Dragons’ Den is similar, where entrepreneurs, inventors and small businessmen pitch their ideas to a panelist known on the show as ‘Dragons’, in hopes of landing a monetary investment.?

The Controversy

The heated discussion of Bobba stemmed from Simu Liu who voiced his concerns of cultural appropriation toward the brand and followed by Manjit Minhas's initial investment in Bobba Tea. The founders, a Quebecian couple, claimed to have reinvented the traditional Asian drink, which prompted divided opinions among viewers. Actor Simu Liu, a guest and panelist on the show, highlighted the drink's cultural importance and questioned the company’s lack of Asian representation and respect for its origins. After much pressure from the public, Minhas later withdrew her investment and emphasized the need for greater cultural sensitivity. Bobba Tea also issued an apology, acknowledging the concerns.

But the issue went beyond cultural sensitivity. There were concerns about whether the name “Bobba” infringed on the intellectual property rights associated with bubble tea businesses and whether it disrespected the heritage of the drink itself. The Dragons' Den controversy involving Bobba Tea not only highlights cultural appropriation concerns but also raises questions about copyright and branding. Naming the brand “Bobba” appears to closely mimic the popular and generic term “boba”, which is widely used across the globe to refer to bubble tea. This could blur the line between authentic representation and perceived appropriation for commercial gain. Using a name so close to the original descriptor without explicit cultural acknowledgment risks legal issues surrounding trademark disputes, especially if perceived as capitalizing unfairly on a well-established cultural phenomenon. This incident illustrates the importance of thoughtful branding that respects cultural heritage while also navigating potential intellectual property concerns.

Why Naming Matters More Than You Think

Following the Bobba incident, we understand that coming up with an extraordinary brand? name is as tricky as it gets. In today’s global market, a brand name isn’t just a catchy word or phrase—it’s an identity that must resonate positively with consumers while respecting both legal and cultural boundaries. Here’s what brands and businesses can learn from this incident:

1. Trademark Checks Are Non-Negotiable: Before you fall in love with a brand name, do your homework. Conduct comprehensive trademark searches to ensure your chosen name doesn’t infringe on existing copyrights or trademarks. Failure to do so can lead to costly legal battles or, in the worst-case scenario, the forced rebranding of your entire business.
2. Cultural Sensitivity Is Crucial: As globalization makes markets more interconnected, businesses must tread carefully when using culturally significant terms. Consulting cultural experts or community members during the branding process can help avoid appropriation or insensitivity.
3. Think Long-Term, Not Just Launch: It’s easy to get swept up in the excitement of a catchy name that trends well on social media. However, consider the longevity and broader implications of your brand identity. Will it stand the test of time? Does it align with your company’s values and respect the origins of any cultural references it may use?

Lessons from the Bobba Case Study

This incident with Bobba Tea serves as a reminder that branding decisions have far-reaching consequences, both legally and reputationally. Here are some actionable takeaways for aspiring entrepreneurs and brand managers:

1. Work with Intellectual Property Experts: When in doubt, consult a trademark expert to guide you through the nuances of copyrighting and brand registration. Keep in mind that it is always better to be on the safe side rather than risking a fortune in lawsuits in the future.
2. Engage in Cultural Dialogue: If your product taps into another culture, genuine engagement with that community can add authenticity and mitigate backlash. Cultural consultants or partnerships can provide invaluable insights.
3. Be Ready to Pivot: Sometimes, even well-researched branding decisions can backfire. The key is to remain flexible and have a crisis management plan. As Manjit Minhas demonstrated, recognizing a mistake and responding promptly can sometimes salvage a brand’s reputation.

In the many years BIC has been working with brands to protect their intellectual property rights within Southeast Asia's ecommerce platforms, we learn one truth; Brand names are more than just words—they carry the weight of cultural meanings, legal rights, and public perception. For entrepreneurs out there, taking a thoughtful and respectful approach to branding is not just smart business but a step toward building a brand that stands strong in today’s complex, interconnected world.