6+months+only+for+importer+to+sell+Mandela-branded+coins+B+Day

Business Day, Johannesburg, 14 July 2005
=Six months only for importer to sell Mandela-branded coins=


 * Anza Dali and Ernest Mabuza**

FORMER president Nelson Mandela won a battle over the use of his image when the foundation bearing his name allowed an importer to sell coins bearing Mandela’s image for a period of six months only.

Under a settlement between coin trader Investgold and the Nelson Mandela Foundation, Investgold will between June and November this year import and sell just under 9000 coins bearing Mandela’s famous image.

It will then not be allowed to produce or import any more.

The agreement wrests control of Mandela’s image back to the foundation, following a legal dispute that began last year when the company was selling Mandela coins without permission.

“They want to be in control of their property and they want to make sure we don’t abuse it,” said Investgold director Gerrit Schwartz.

As part of the settlement, the foundation will receive a percentage of the proceeds of sale of the Mandela gold coins. Schwartz did not give a specific amount, but said the foundation would receive "quite a few million" rand.

In December last year, the Pretoria High Court granted Mandela and the foundation an interdict restraining Investgold from importing, marketing and selling any gold coins bearing his name or image.

The court said Investgold had failed to meet conditions set by the foundation regarding the legality, quality and pricing of the coin.

Paul Blundell-Gibson, Investgold GM, said the settlement came after six months of negotiations.

Blundell-Gibson said the firm now had the authority to sell 8749 coins of three varying sizes ranging in price from R3500 to R70000.

The coins were the only ones in the world that had the words President Mandela embossed on them, he said.

The agreement prevents Investgold from selling new coins with Mandela’s image anywhere in the world after the six months is up. It can, however, resell the coins on secondary markets.

Wim Alberts, a partner at law firm Bowman Gilfillan, said the settlement showed that although Mandela was a public figure and a politcal symbol, he was still a private citizen who had the right to protect his name and image from exploitation.

The former president is also involved in another fight to reclaim the right to use his name and image.

Mandela lodged an application with the Johannesburg High Court in May to stop his former lawyer, Ismail Ayob, and art producer Ross Calder from selling, marketing and distributing merchandise that uses his name.


 * From: http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A68765