New Delhi, Dec 1 (Inditop.com) Two Delhi-based advocates have moved the Supreme Court to challenge the international luxury pen manufacturer Mont Blanc that is using Mahatma Gandhi as its poster boy to sell its newly launched “limited edition pens” worth Rs.1.2 million each.
Advocates Harsh Vardhan Surana and Sandeep Singh have moved the apex court to restrain Mont Blanc from commercially exploiting “the most respected face of India, that of the father of the nation”, for a cause linked to “luxury”, which he fought against all his life.
The lawsuit objecting to the commercial exploitation of Gandhi’s visage will be heard by the Supreme Court Dec 7. The lawsuit was filed Monday evening.
Mont Blanc has launched two types of fountain pens — Limited Edition 241 and Limited Edition 3,000. The pens have 18 karat gold nibs and carry the engravings of Mahatma Gandhi walking.
The pens also have a fine gold wire entwined by hand on the middle of their “white gold barrel bodies”, according to a Mont Blanc catalogue annexed to the lawsuit.
The catalogue added that the manufacturer would produce 241 pens under its Limited Edition 241 category. The number 241 symbolises the miles travelled by Gandhi during his famous 1930 Dandi march.
The catalogue said Mont Blanc would produce an additional 3,000 fountain pens and roller ball pens under its Limited Edition 3,000. The catalogue did not explain the symbolism of 3,000 if any.
In their joint lawsuit, Surana and Singh have dubbed the move as an “attempt by some money-minded people to misuse the greatness of the father of the nation by using him as a poster boy for commercial gains under the pretext that they are honouring him”.
The two advocates, in their lawsuit, pointed out that the use of Mahatma Gandhi as a poster boy for commercial gain violates section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950, as per which no person for the purpose of any trade or business can use the name or emblem specified in a scheduled list annexed with the 1950 Act.
The lawsuit further pointed out that “entry 9A” mentions the name and picture of Mahatma Gandhi as items, which have been prohibited from use for commercial exploitation.
Accusing the international pen manufacturer of hurting the feelings and emotions of over a billion Indians, the lawsuit said that the firm is using Gandhi’s greatness for its selfish gains.
The lawsuit has also challenged Mahatma Gandhi’s great-grandson Tushar Gandhi’s reported decision to allow Mont Blanc to allegedly use Gandhi’s name.
“Mahatma Gandhi is a symbol of simplicity and making him a poster boy for a lavish and luxurious product is against his very spirit and ideology, which he fought for all his life,” said Singh in the lawsuit.
Citing a May 1931 instance, the two advocates pointed out in the lawsuit that Gandhi himself was against the commercial exploitation of any facet of his personality.
The advocates said Gandhi, in response to a plea by a roof tiles’ manufacturer to use his portrait on the tiles, wrote back in May 1931: “I have no copyrights on my portraits, but I am unable to give the consent you require”.
“Much against his wishes, the same thing is happening now and a move is on to commercially exploit his portrait,” said the lawsuit, pleading to the court to stop Mont Blanc from doing this to Gandhi.
