Superstar Salman Khan got into a fresh legal trouble. The
very old Khan Market Traders Association is planning to sue actor Salman Khan
over the name of his new online shopping platform — khanmarketonline.com.
On his 50th birthday, while talking to media
Salman Khan talked about the launch of the new online portal. The online
shopping portal was launched on his 50th birthday on December 27. The portal is
yet to start operations but registrations began.
"A gift for my fans. Http://www.KhanMarketOnline.Com register now for a
special treat. And lots more to come," he posted on Twitter and Facebook.
"We are a world-famous market. How can the actor use
our market's name for his portal? If he announces discount for merchandise on
his portal, customers will turn up here and ask for the same. They are bound to
be confused," association president Sanjiv Mehra says.
The traders will approach Delhi high court when it reopens
on January 4. The 65-year-old Khan market in New Delhi with 150 shops and 35
restaurants is the most expensive market in India from last five years. It was
placed 21st on a list of costliest retail locations in the world and the most
expensive in the country in a recent real estate survey.
However legally speaking, they don't have much of a case,
feel lawyers. "There is no trademark infringement in this case. There must
be thousands of Khan Markets in the country. It is likely to be dismissed as a
frivilous litigation if and when it is filed," Sanjay Upadhyay, a Supreme
Court advocate, says. But Mehra differs. "Since the name Khan Market has
been with us for ages we have a right on it. In the case of Khan Chacha (an
eatery), The court ruled in its favour because of its popularity," he
says.
"There's a common legal remedy to protect unregistered
trademarks. But because the two parties here are not competitors in the same
trade and it is unlikely that their businesses will be affected, I don't see
any merit of the case," Bangalore-based legal researcher and founder of
Alternative Law Forum Lawrence Liang says. Social jurist advocate Ashok Agarwal
dismisses it as a publicity stunt. "There is no provision in the law for
such claims. This will just give publicity to both the market and the
portal." Salman Khan had tweeted, "A gift for my fans... register (on
the website through social media) now for a special treat. And lots more to
come," on his birthday.
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