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Old 5th July 2011, 22:42   #16
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

For all those who are wondering what was the dialogue that instigated Hyundai, well, one of the actor (I guess Imran Khan) says that the modified car (Santro) is the product of a donkey humping (using a saner word, in the movie he used something else) an auto-rickshaw

Last edited by prateekm : 5th July 2011 at 22:48.
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Old 5th July 2011, 22:54   #17
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Taking offence has been honed into a fine art form these days. So what else is new?
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Old 5th July 2011, 23:09   #18
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Publicity Stunt. Maybe to promote the movie or maybe to promote the Santro. You never know if Hyundai and Aamir Khan are in this together behind the Media's back.
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Old 5th July 2011, 23:52   #19
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

I saw the movie - however I dont remember any bad dialogues about the car. Though it was modded, it was quite evident (atleast to car enthusiasts and certainly to a team-bhpian) that it was a Santro.

Can someone please refresh my memory (regarding the dialogue) ?
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Old 6th July 2011, 11:52   #20
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Quote:
Originally Posted by IQBAL VEERJI View Post
I dont remember correctly but it was somewhere in mid ninties , a magzine ,I think it was INDIAN AUTO,had photographs of new cars ,existing as well as coming in future.
They had Marutis,Matiz,Ceilos,etc photographed from different angles.some of them died immediately .
Then there was a balck and white photograph of a bullock cart on a beach and below that photo was written "NEXT MODEL OF HINDUSTAN AMBASSADOR" I felt like smashing the face of that mag's EDITOR, That idiot may not be knowing the history of AMBY.
HM as usual just kept to themself instead of sueing that joker for making FUN OF THEIR PRODUCT.The magzine also died later.
Considering that Hindustan has not come up with any new cars (other than remodels of Amby, or its JV cars) since then, the editor in retrospect was probably over estimating the Company.

Defamation of individuals is very easy to prove in courts in comparision with defamation of products. And no, it doesn't have anything to do with anyone's sentiments about one's loved product. A company will have to prove damages attributable to such defamation, and that will be hard to prove.

Much more importantly, it is not defamation if it is the considered opinion or bona fide criticism by a person. To me, a bone fide criticism of design of a vehicle may have to described in the same way as made out in Delhi Belly. If a critic has a strong opinion, boss, the critic has a strong opinion.

Vodafone has by the way meekly withdrawn its complaint. Probably realised that they were doing more harm to their image than good.
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Old 6th July 2011, 12:06   #21
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Emami, the owners of Zandu Balm, sued Salman Khan for making Munni Zandu Balm (of all things) for her "darling" (mein Zandu Balm huyee darling tere liye - whatever that meant). However their sales had zoomed after the song hit the national screens.
Nothing much was heard of the fate of the court case after the initial furore.
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Old 6th July 2011, 12:10   #22
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Quote:
Originally Posted by Sudipto-S-Team View Post
Emami, the owners of Zandu Balm, sued Salman Khan for making Munni Zandu Balm (of all things) for her "darling" (mein Zandu Balm huyee darling tere liye - whatever that meant). However their sales had zoomed after the song hit the national screens.
Nothing much was heard of the fate of the court case after the initial furore.
OT :

They settled out-of-court after Malaika Arora Khan agreed, or rather, the producers agreed to MAK endorsing Zandu Balm. The producers' argument was that the songs said "jhandu balm" while the product is "zandu balm"
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Old 6th July 2011, 12:14   #23
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Then let's wait for Irfan to endorse Santro ?? :-) What does the other Khan, the original endorser of Santro, have to say about this?
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Old 6th July 2011, 12:51   #24
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

If Hyundai is contemplating legal action, they are getting too sensitive. Unless the company or the entire model-range (all Santro's) are shown that way, Hyundai cannot claim they were made fun of.

The producer/director picked up one car & used it as part of the story. The movie was not even about cars that it can be construed as being directed to all Santro cars or towards Hyundai. Even if the character had said that it was his Santro, I dont think Hyundai has a case.

Btw, does the movie has any disclaimer that all resemblence to characters living or dead is pure un-intentional ?
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Old 6th July 2011, 13:56   #25
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Quote:
Originally Posted by condor View Post
If Hyundai is contemplating legal action, they are getting too sensitive. Unless the company or the entire model-range (all Santro's) are shown that way, Hyundai cannot claim they were made fun of.

The producer/director picked up one car & used it as part of the story. The movie was not even about cars that it can be construed as being directed to all Santro cars or towards Hyundai. Even if the character had said that it was his Santro, I dont think Hyundai has a case.

Btw, does the movie has any disclaimer that all resemblence to characters living or dead is pure un-intentional ?
Exactly my point. What's rattling Hyundai so much that they plan to sue the producer?!

I wonder what Mahindra would do to Bollywood for the way movies showed their jeeps crashing into the mountains or what HM would do considering the way movies have shown Contessa's mostly with the bad boys of b-town. The list is endless - Govinda/Akshay Kumar topping the charts.

About the disclaimer : every movie has to have it.

And - a disclaimer for a car?! What's the big deal with comments being passed on a car - that too on one that just "resembles" like another; doesn't have any badges/branding!

Last edited by libranof1987 : 6th July 2011 at 13:57.
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Old 6th July 2011, 14:23   #26
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

The movie has the disclaimer right at the start of the movie itself.

I saw the movie this sunday, and there was nothing bad commented about the car. The car was a modded Santro and red in colour. It was gifted to Imran by his would be in-laws. So Imrans friends later teased him saying what kind of a car was given and such an odd colour. Plus the car took a beating in the movie as well due to the action. I dont think anything negative was intended. It could have been a Santro, a wagon R, an 800 or so on, it was simple humour
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Old 6th July 2011, 18:35   #27
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Smile Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Oh ...now thats too bad to be said about a car, they could have used something phased off the streets of Mumbai. Well never mind...here goes the report in a local newspaper on 6th july 2011.

1st two are stills from Delhi Belly...

-----------------------------------------------------
Sharukhs contribution to Hyundai...

(Pic number 3-8) rab ne bana di jodi ...the song sequence...im sure hyundai didnt like this 'promotion'!! Hyundai cars lying in the service centre while the employees 'dance' their way out.

The i10 scene looks like a deliberate attempt to get maruti vs hyundai war on the silver screen.

(pic no.9th) ..from 2003 movie chalte chalte.. thats the 'accent'...creating an image of how 'safe' the car is.

What kind of promotion does Hyundai want?
-----------------------------------------------------
Swifts official launch in a movie Bunty aur Babli 2005 -First of a kind promo
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Thats the Aveo promoted by brand ambassador Saif for Chevy in Kurbaans Shukhran allah song..
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Three Idiots (Aamir Khan) launched the Volvo Suv in India in the song Behti hawa sa thaa woh.
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Harmless creativity works for everyone... so why offend anyone in particular?
Maybe thats an attempt to gather more viewers to actually see what really happened in the movie.
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I hope we dont have any more such movies... maybe tomorrow they might say in some xyz movie..." The toyota Liva is result of the Logan and Etios being isolated on one strange night in the 'toyota design house' "
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Old 6th July 2011, 20:03   #28
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

I think this is stretching too much for too little from Hyundai. Anyway the controversy helps both parties, time for them to work out of court -
1) to use the publicity for launching fluditic Santro
2) Making Imran Khan as brand ambasador (ala Zandu baam)
3) to use publicity for making case for Delhi Belli -2

In hindsight, have seen the numerous comments (2004-2006) in team-bhp on the same car being termed as modded autorixa, pigback, ugly.. so on so forth. I hope they don't sue T-BHP for hosting it
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Old 7th July 2011, 11:24   #29
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

Even if Hyundai were to drag the producers of Delhi Belly to court, there's not much they'd get out of it. They'd have to show that the depiction of the car in the movie resulted in a direct loss to the company.

Defamation is difficult to establish in Indian courts. A lot of times, you could win a defamation suit and the court would award you a rupee (yes you heard that right) as compensation.

I havent seen Delhi Belly yet- plan to this weekend- but is the factual depiction of the car false or untrue? I'm not talking about opinion here (facts are sacred, opinion is free). In that case, Hyundai may just have a point.
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Old 7th July 2011, 11:30   #30
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Default Re: Can a car manufacturer take legal action for allegedly being made fun of?!

I saw DB last night and I CANNOT believe Hyundai is planning to send the producer a legal notice.

The front is modified; with the headlamps, grill and bumpers modified; the grill has some weird logo. The rear is modified too with tail-lamps that look like those of Scorpio.

This is either plain stupidity or a brilliant publicity campaign.
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