The use of famous personalities to market one’s product is common in the trademark world. The brand building exercise involves association of such characters, images or events to the product or service as to create an indelible mark on the mind of the consumers. Sometimes, an established brand stands apart merely because of its affiliations to a particular personality or image. Even so, an established brand would also enhance its exclusivity by associating with a well known figure.

The person whose image or presence is used in trade bears the right to regulate this use. This right is popularly called the right of publicity. The right is assignable and tradable and is generally used as an individual’s right to control and profit from the commercial use of his or her name, likeness and persona. Though more prevalent in the US, in India, it has been utilized by actor Rajanikanth to regulate the use of his signature styles in advertising and media. The factors like time, location, geographical reach of popularity play a major role in whether an individual is considered to be a celebrity. At times, an individual becomes famous not because of his media role, but because of his/her service to the nation or society. Such national figures become sacrosanct and thus cannot be used without authorisation for marketing of any product. The Emblems and Names (Prevention of Improper Use) Act, 1950 prevents the use of personalities like Mahatma Gandhi, Nehru, Shivaji apart from national flag, emblems and other insignia without the authorisation of Central Government.

Recently, the German company Mont Blanc International launched a special series of luxury pens named “Mahatma Gandhi Limited Edition 3000” and “Mahatma Gandhi Limited Edition 241” priced at Rs. 14 lakh each to signify the “241 miles” travelled by Gandhiji during the Dandi March against the Salt taxes in 1931. The pens were released close to October 2 in a special ceremony. The pen has sterling silver mountings on the cap and the cone and bears an engraving of Gandhi’s image holding his lathi. Each pen comes with an eight-metre golden thread that can be wound around the pen, representing the spindle and cotton Gandhi used to weave simple cloth. Part of the proceeds are donated to the Gandhi foundation.

The launch was met by a writ petition filed in Kerala High Court by the managing trustee of the Centre for Consumer Education at Pala in Kottayam. The petitioner contended that the use of Gandhi’s name and image was in contravention of The Emblems and Names (Prevention of Improper Use) Act and sought a ban on the sale of the pens. The petitioner also contended that Mahatma Gandhi was an epitome of simplicity; therefore, launching a pen in his name which was beyond the range of common man was not proper.