For those of you who are planning to catch Salman starrer Dabangg
this weekend, here’s a little info to make it spicy. As ToI reports
, Zandu Pharmaceuticals, makers of Zandu Balm have served a legal notice on Arbaaz Khan for copyright infringement of the product. Readers will recall that Dabangg features a song called Munni badnam
which uses the word zandu balm.
The ToI report suggests that Zandu Pharmaceuticals is claiming that it’s the sole copyright holder of “not only the product, but also the name Zandu Balm”and asked the producers to withdraw the song or delete the name of the product from it, failing which it might take action against them. Surprisingly, no issue of trademark infringement was brought in since the legal notice says so. In certain strange and old cases of the past, copyright protection has been however granted to a string of words.
However, this seems to be a case of nominative use of trademark where the use of zandu balm does not suggest that it is from the movie Dabangg so as to amount to any endorsement.
Zandu’s lawyer Ashok M Saraogi sent legal notice to Arbaaz Khan, his partner and wife Malaika Arora (Munni in the movie), Shri Ashtavinayak Cinemas Ltd, and director Abhinav Kashyap.
The notice points out, “My clients are in the business of producing and marketing various ayurvedic and other medicines including a popular product known as Zandu balm, which is a very common word used by the people, since it is commonly used for pain and related complaints.” The notice adds, “In the song, the name Zandu balm has been used continuously at various places. By using the brand name in the song, you have not only violated the copyright of my clients, but you have also made an attempt to defame the reputation of my clients and the product manufactured by them.”
Very surprisingly, the objection comes in a stage when Dabangg has scored big at the box office and the music album is the highest selling currently. Reports have also suggested that the sales of Zandu Balm have actually shot up after the release of the movie. However, Zandu claims that they also launched a new ad-campaign around that time and thus the sales figure could be a consequence of that.
Recently, Lalit Pandit, who is the composer of the song Munni badnam credited the word Zandu to Madhur Bhandarkar of Fashion fame, who apparently uses the word in his everyday language.
Seems like this pain-reliever is going to be a pain in the neck for many!