Court Orders Seizure of Counterfeit Sports Club Merchandise: "I Didn't Know" Defense Fails

Case Summary: A retail store owner selling counterfeit T-shirts bearing a major sports club's registered trademarks was found liable for trademark infringement. The court rejected the "I didn't know" defence and ordered the infringing goods seized.

Background

One of Turkey's leading sports clubs discovered that a retail clothing shop was selling counterfeit T-shirts bearing its registered trademarks. An expert inspection found four counterfeit items on the premises. The defendant claimed to have purchased the goods wholesale from Istanbul's Merter textile market, stating he was unaware they were counterfeits.

Why the "I Didn't Know" Defence Failed

Under Articles 29/1-b and 29/1-c of the Turkish IP Code (SMK), selling goods bearing a counterfeit trademark where the seller knew or should have known of the infringement constitutes trademark infringement. The court, relying on the expert report and TÜRKPATENT records, found the non-genuine nature of the goods to be objectively apparent. The seller's subjective claim of ignorance does not negate the objective fact of likely confusion.

Key Legal Principles

• A retailer who sells counterfeit goods purchased from a wholesale market can be liable under Article 29 SMK even if they did not manufacture the goods.
• Goods for which no invoice, licence agreement, or authenticity documentation can be produced are presumed counterfeit.
• Fault is required only for damages claims — infringement prevention and seizure orders do not require proof of fault.

Legal Notice: This article is a summary and commentary on a published court decision and does not constitute legal advice. Party and trademark names have been omitted for confidentiality.