Traders' body sends legal notice to Salman over use of 'Khan Market' for his portal
CAIT, in the notice sent has asked Salman Khan to withdraw Khan Market from his portal, within seven days or be ready to face legal action
The Confederation of All India Traders (CAIT) has said it has sent a legal notice to actor Salman Khan over the usage of "Khan Market" name from his shopping portal to protect the brand name of the market in New Delhi designated as the most expensive retail location in India. Earlier this month, the Confederation had also sent a letter to Salman, which remained unanswered till day, CAIT said.
"What to say of withdrawing the name, Salman Khan in past more than 10 days did not think it proper to even to respond to communication which reflects his autocratic and adamant attitude having least botheration for feelings of traders and their natural right for using the name of Khan Market. It has highly disappointed the trading community," said Praveen Khandelwal, Secretary General of the CAIT.
CAIT, in the notice sent through its President Sanjeev Mehra, has asked the actor to withdraw the said name within seven days and with a warning that else the Association will left with no other alternative but to resort to legal action, CAIT said in a statement.
Salman Khan on his 50th birthday on 27 December 2015 had announced to launch his portal khanmarketonline.com, which was strongly resisted by Khan Market Trade Association. The Association had also made an appeal to the actor to withdraw the name of Khan Market from his portal.
Established in 1951, Khan Market was, last month, ranked the 24th most expensive retail location worldwide in a report by global real estate services firm Cushman & Wakefield.
"The name chosen by Salman Khan is more deceptive and infringes the rights of traders of Khan Market," Khandelwal had said.
In the legal notice, the Association, has charged Salman for fraudulent intention in using the name of Khan Market with a tendency to cause confusion and deception among members of trade, and commerce customers and the public in general as it enables him and his affiliate to pass of goods under the same name which is bound to cause damage and loss to the reputation of traders of Khan Market.
"We will not allow anyone to encroach upon the goodwill earned by traders for the market in the last 65 years," Khandelwal added.
CAIT contended that things sold on 'khanmarketonline' would also be construed as sold by traders of the actual and physical Khan Market, leading to confusion and misunderstandings for consumers.
Describing Khan Market itself as a brand, CAIT said: "A name by custom/practice/usage over a long period of time by a group of persons becomes an intellectual property right of that group of persons is an integral part of principle of natural justice. Accordingly, the first lien of using the name 'Khan Market' lies with traders of Khan Market only."
CAIT National President BC Bhartia said that the act of Salman Khan is nothing short of hijacking the heritage of Khan Market. "He (Salman) is attempting to link his legacy with veteran freedom fighter Khan Abdul Gaffar Khan in whose honour the market has been given the name of Khan Market, which is not only a commercial market but an Institution in itself. Therefore, no one should attempt to encroach upon such a public asset," he added.