Five-Year Design Infringement Case in Fashion: Registered Design Rights Upheld — Istanbul 2nd IP Court 2026/148

Industrial design rights protect the original appearance of products and are a cornerstone of intellectual property strategy in the fashion and textile industries. Istanbul 2nd IP Court's case 2021/84 — a design infringement dispute in Turkey's eveningwear sector that began in March 2021 and was decided in June 2026 — illustrates both the strength and the patience that registered design protection requires.

Background

The plaintiff is a prominent Turkish eveningwear company with over 30 years in the industry, 4,000 m² of production space, and Istanbul showrooms. Its collections are followed domestically and internationally, and it holds a portfolio of registered designs.

The Dispute

The plaintiff alleged that the defendant was selling products substantially similar to its registered designs — both through physical retail and via two websites identified by URL. Claims included: a finding of infringement; removal from the websites; seizure and destruction of all promotional materials featuring the copied designs; and material, moral, and reputational damages.

Outcome

After multiple rounds of expert examination over five years, the court found that the defendant's products were substantially similar to the plaintiff's registered designs, constituting infringement. It ordered: removal of infringing designs from both website URLs; seizure and destruction of all printed materials, catalogues, and promotional items featuring the copied designs; and the following damages:

• Material damages: TRY 4,599 (plus statutory interest from the claim date)
• Moral damages: TRY 2,000 (plus interest)
• Reputational damages: TRY 1,000 (plus interest)
• Plaintiff's legal fees (design infringement claim): TRY 55,000

Commentary

The monetary awards are modest relative to the litigation duration. The real value of the judgment lies in the declaratory finding of infringement, the website removal order, and the physical destruction of infringing materials — outcomes that protect the registered design going forward. The five-year timeline underscores a practical lesson: in fast-moving industries like fashion, a registered design holder filing an infringement action should simultaneously apply for interim injunctive relief. An early injunction stops infringing sales during the litigation period, directly reducing both lost sales and the evidentiary complexity of quantifying damages.