Entertainment Venue Signage Constitutes Trademark Infringement: 130686 TRY in Damages Awarded

In its decision No. E.2022/333 K.2024/241, Bakırköy 1st Intellectual and Industrial Property Rights Court held that the defendant's use of the plaintiff's trademark in large letters on the entrance signage of its entertainment venue constituted trademark infringement. Removal of the sign during proceedings did not affect the outcome.

Case Summary

The plaintiff holds a trademark registered in Classes 35, 41 and 43 and operates entertainment venues in shopping centres. Upon discovering that the defendant displayed the same mark on its venue's entrance signage, the plaintiff sought infringement injunction and damages. During proceedings the material damages claim was raised to 100,686.23 TRY.

Court's Assessment

An expert examination confirmed genuine and serious use of the plaintiff's mark in entertainment services, defeating the non-use defence. Expert reports described the defendant's use as a Pirates of the Caribbean-inspired theme. The court set this aside, finding that large-font signage on the shopping centre-facing entrance constituted trademark use infringing the plaintiff's rights. Criminal proceedings in a related case had also resulted in conviction of the defendant's management. The court awarded 100,686.23 TRY in material damages (10% of revenue as licence fee), 30,000 TRY in moral damages, and ordered publication of the judgment summary. Reputation damages were rejected for lack of evidence.

Key Legal Principles

• Large-format entrance signage is trademark use: The Article 7/5 honest-use defence does not cover prominent trademark display on venue signage.
• Removing the sign during litigation does not eliminate liability: Infringement occurred before removal; damages liability remains.
• 10% of revenue as benchmark licence fee: Courts apply this benchmark based on Chamber of Commerce guidance.

This article is for informational purposes only and does not constitute legal advice.