New Delhi, Dec 30: It was an effective publicity move when Salman Khan launched the web portal khanmarketonline on December 26, calling it a gift for his fans on his birthday on December 27. The strategy though has already created a possible legal tangle for the actor with Khan Market Traders’ Association of Delhi objecting to the name.
Association president Sanjiv Mehra alleged that the Bollywood star is trying to gain “mileage out of Khan market’s popularity”. Speaking to Hindustan Times, Mehra said, “We are an internationally recognised market established in 1950. Salman Khan is neither part of the market, nor has he approached anyone here. He cannot use the name.”
a gift for my fans . https://t.co/VppaFKHIBH register now for a special treat . and lots more to come .
— Salman Khan (@BeingSalmanKhan) December 26, 2015
Refuting rumours that he wants to take legal action against the Dabangg star, Mehra said that he plans to send a request to Salman Khan, asking him to change the name of his portal. “Salman Khan is a brand, it (the portal) could be named salmankhanmarketonline. Why use a brand that is already there? Salman is an entity agreed, then let him use his own credentials. Why should he take mileage out of Khan market’s publicity? Salman asks people to be human; he should just be one and volunteer to change his portal,” he said.
Asked if he would take a legal step, Mehra said, “I will discuss it with my legal team.”
Mehra also invited Salman to hire or buy a shop in Khan Market, as he will then be a part of the association. “We can then discuss whether he can use the name,” Mehra said.
So, what happens if Salman refuses to budge and Mehra is forced to look for a legal solution?
Supreme Court advocate Jitendra Mohan Sharma believes there is a fighting chance. “On principle, Khan market is an older entity and Salman Khan is a brand in himself but Khan market is also an established name. Being an older brand is a point Khan market can bank upon. Dominant principle would apply – which one is older and more popular,” Sharma said. However, equity and brand value could tip the scales. “Khan does not carry anything as it is a surname. It holds no weightage in copyrights issues. How it is to be balanced is for the two sides to agree upon. Equities will also have to be considered as to how much is at stake.”
A sessions court judge however disagrees. Speaking on the terms of anonymity, he said, “Anyone can use a name if it is not registered yet. Khan market per se can be anywhere in the country. There is no legal barrier standing on the way. Now if Bengali Market says it represents only Bengalis, you won’t find defence personnel in Defence Colony. So these are misnomers.”
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