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Mont Blanc uses Mahatma name, SC issues notice

TimePublished on Mon, Dec 07, 2009 at 18:06 in India section

COMMERCIAL MARKETING: Two lawyers claimed the Mont Blanc Boutique was misusing the Mahatma's picture.

COMMERCIAL MARKETING: Two lawyers claimed the Mont Blanc Boutique was misusing the Mahatma


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New Delhi: The Supreme Court on Monday sought a response from the Centre and an international luxury giant on a PIL seeking to restrain the "misuse" of the picture and name of Mahatma Gandhi for commercial purposes.

A Bench headed by Chief Justice K G Balakrishnan issued notices on the petition filed by two lawyers claiming the Mont Blanc Boutique and Mont Blanc International GMBH were misusing Mahatma's name for commercial marketing.

"It concerns national pride and the honour of the country. The very act is breaching the fundamental right of every citizen... the right to live with pride dignity and honour as enshrined in the Constitution," the petition said.

The petition filed by Harsh Vardhan Surana and Sandeep Singh alleged the company involved Mahatma Gandhi Foundation, "which is being governed by people with self interest", in its project only for the sake of money and commercial gains.

"This company is using his greatness for its selfish gains. What they are doing now is nothing charitable but only for commercial gains. For the sake of money, the company has involved Mahatma Gandhi Foundation governed by people with self interest," the PIL said.

"The company is using the greatness of the person to sell an ordinary product at unbelievable high prices," the petitioner said.

The petitioner said the ruling party and the Opposition were doing nothing as nobody wanted to spend their energies on this sensitive issue.

"It is for the judiciary and for the apex court to intervene and direct. The very act is demeaning for every citizen's self-respect and for the nation's image. It's a

shame and disgrace," it said.

The petition claimed the practice adopted by the company in this regard was in violation of the Emblems and Names (Prevention of Improper Use) Act.

"Under the Act, no person can use for the purpose of any trade, business or calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem, specified in the Schedule or any any colourable imitation without the previous permission of the Centre," the

PIL said.

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