Domain Name as Trademark Infringement: Access Blocked, Damages Awarded — Final
Bakırköy 1st IP Court found that a domain name virtually identical to the plaintiff's registered trademark constituted infringement, ordered access blocked in Turkey, and awarded TRY 10,000 material and TRY 10,000 moral damages. Judgment is final.
Case Overview
An e-commerce company sued a defendant whose domain was virtually identical to its registered trademark. The defendant never responded or appeared.
Expert Findings
The panel confirmed likelihood of confusion under SMK Articles 7 and 29. Because the defendant was unreachable, the court applied equitable discretion under Articles 50-51 of the Turkish Code of Obligations.
Ruling
- Infringement confirmed and ordered to cease
- Domain access blocked in Turkey
- TRY 10,000 material damages (with commercial interest from filing)
- TRY 10,000 moral damages
Judgment is final and binding.
FAQ
Can a domain name infringe a trademark in Turkey?
Yes. SMK Article 29/1-b and c make commercial use of a confusingly similar sign on the internet infringement without the owner's consent.
Disclaimer: For informational purposes only. Contact Elçi Patent for professional trademark advice.
Bakırköy 1st IP Court, Case No. E.2023/61, Decision No. K.2024/254, Date: 10.12.2024 (FINAL)
Party names and trademark details are omitted for confidentiality.