Co-authored by Ms. Raashi Jain, LexOrbis Associate and Mr. Abhigyan Ashok, LLB Final Year- Faculty of Law, ICFAI, Dehradun
Love him or hate him but you cannot ignore him; this statement aptly describes Salman Khan, who has been in news ever since his début, sometimes for his films but mostly for his non-film activities. This time the news pertains to www.khanmarketonline.com, an online shopping portal which was unveiled by him on the occasion of his 50th birthday. Though the portal is not yet operational, the website does allow visitors to register themselves. While his fans have been ecstatic with this development, Khan Market Traders’ Association has expressed quite an opposite reaction. Khan Market is the popular commercial hub situated in South Delhi, famous for its multitude of shops as well as for its over-priced restaurants.
According to news sources, the Khan Market Traders’Association is planning to initiate a legal action against the actor on the ground of trademark infringement for naming his website after the popular market.
The President of Khan Market Traders’ Association,has raised the objection that Khan Market is a renowned entity known not only in India but across the world[1], and usage of the domain name amounts to misuse of the Market’s name. It is argued that the portal being ‘Khan Market Online’ will give rise to confusion amongst the consumers, who might mix up ‘Khan Market Online’ and Khan Market. Further, he also emphasised as to how the usage of the name will affect those who have shops in Khan Market; he argues that in case the portal gives discounts, customers might approach the shops of Khan Market, under the impression that discount is being provided by them.
While most legal experts have been quick to judge this as nothing more than a frivolous matter, the Association’s President is of the opinion that a strong case can be made for trademark infringement. The Association is keeping its option open, and won’t be against reaching an amicable solution with the actor.
[1] NDTV, Khan Market Body May Sue Salman Khan Over Shopping Portal Name,Available at: http://www.ndtv.com/delhi-news/khan-market-body-may-sue-salman-khan-over-shopping-portal-name-1260700