LEGAL NOTICE SENT TO SALMAN KHAN FOR USING NAME OF KHAN MARKET IN HIS PORTAL
Vijyender Sharma
New Delhi---- Failure in soliciting any response from Actor Salman Khan over withdrawal of name of Khan Market from his web portal khanmarketonline.com, the Khan Market Traders Association, one of the prime commercial market of Delhi, has issued a legal notice to Mr.Salman Khan through its President Mr. Sanjeev Mehra, 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.
Actor Salman Khan on his 50th birthday on 27th December,2015 had announced to launch his portal khanmarketonline.com which was strongly resisted by Khan Market Trade Association and which made an appeal to him to withdraw the name of Khan Market from his portal. The Confederation of All India Traders (CAIT), umbrella body of the trading community had sent a communication to Mr. Salman Khan on 3rd January,2016 requesting him to withdraw the name to assuage the rights and feelings of the traders of Khan Market whose generation have given their lives for earning such goodwill for themselves as well as for the market.
" What to say of withdrawing the name, Mr. 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 Mr. Praveen Khandelwal, Secretary General of the CAIT.
Mr. Sanjiv Mehra, President of Khan Market Traders Association informed that in its legal notice sent to Mr. Salman Khan, the Association has charged him 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 to reputation of traders of Khan Market. Further, it will also affect consumers of the brand name of the national capital's upscale market.
The notice further said that the name Khan Market is attached with traders of the market and the goodwill earned has taken long time of 65 years to build and it can not be taken away in such a lenient manner by whosoever including web portal of Mr. Khan. Usage of khanmarketonline.com', is deceptively similar and lead to confusion that the portal is operational by traders of Khan Market and therefore emerged cheating and perplexed the mind of public at large and particularly the intending user.The entire shopping portal is a direct and intentional imitation of the name which is being used by traders of Khan Market since past 65 years and a blatant attempt to confuse the public as to the source of domain name. This appears to have been done with a deliberate attempt to ensure that the impugned domain name have a similarity to that of reputation and goodwill of Khan Market traders and thus it would affect them market, directly and indirectly. The usage of the name of Khan Market by Mr. Salman Khan creates an impression that portal emanate from traders of Khan Market or endorsed or sponsored by them which is not the case in reality.
CAIT National President Mr. B.C.Bhartia said that the act of Mr. Salamn Khan is nothing short of hijacking the heritage of Khan Market. He 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.
Actor Salman Khan on his 50th birthday on 27th December,2015 had announced to launch his portal khanmarketonline.com which was strongly resisted by Khan Market Trade Association and which made an appeal to him to withdraw the name of Khan Market from his portal. The Confederation of All India Traders (CAIT), umbrella body of the trading community had sent a communication to Mr. Salman Khan on 3rd January,2016 requesting him to withdraw the name to assuage the rights and feelings of the traders of Khan Market whose generation have given their lives for earning such goodwill for themselves as well as for the market.
" What to say of withdrawing the name, Mr. 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 Mr. Praveen Khandelwal, Secretary General of the CAIT.
Mr. Sanjiv Mehra, President of Khan Market Traders Association informed that in its legal notice sent to Mr. Salman Khan, the Association has charged him 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 to reputation of traders of Khan Market. Further, it will also affect consumers of the brand name of the national capital's upscale market.
The notice further said that the name Khan Market is attached with traders of the market and the goodwill earned has taken long time of 65 years to build and it can not be taken away in such a lenient manner by whosoever including web portal of Mr. Khan. Usage of khanmarketonline.com', is deceptively similar and lead to confusion that the portal is operational by traders of Khan Market and therefore emerged cheating and perplexed the mind of public at large and particularly the intending user.The entire shopping portal is a direct and intentional imitation of the name which is being used by traders of Khan Market since past 65 years and a blatant attempt to confuse the public as to the source of domain name. This appears to have been done with a deliberate attempt to ensure that the impugned domain name have a similarity to that of reputation and goodwill of Khan Market traders and thus it would affect them market, directly and indirectly. The usage of the name of Khan Market by Mr. Salman Khan creates an impression that portal emanate from traders of Khan Market or endorsed or sponsored by them which is not the case in reality.
CAIT National President Mr. B.C.Bhartia said that the act of Mr. Salamn Khan is nothing short of hijacking the heritage of Khan Market. He 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.
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