Delhi’s Khan Market Traders Association are likely to sue Bollywood superstar Salman Khan – for launching a website whose name is similar to Khan Market.
Salman had unveiled the online shopping platform khanmarketonline.com on his 50th birthday on December 27. The website is yet to begin operations but is open for registrations.
But the Khan Market traders are not pleased. “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 said to a news daily. The traders will approach the Delhi High Court on January 4.
But legal experts told the daily that their case is weak. “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, said.
“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 said.
Social jurist advocate Ashok Agarwal dismissed 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.”