Instagram Posts as Evidence: Trademark Infringement Proven Through Court-Ordered Inspection — Istanbul Anadolu 1st IP Court 2026/150

Social media has become one of the primary channels through which counterfeit goods reach Turkish consumers. Platforms such as Instagram allow infringers to reach buyers quickly — but they also create a visible, timestamped evidence trail that rights holders can exploit. Istanbul Anadolu 1st IP Court's decision 2026/150 shows exactly how a social media finding translates into a court-ordered inspection and a finding of infringement.

Discovery: Instagram Posts

The plaintiff trademark owner found that counterfeit products bearing its registered marks were being offered for sale through the defendant's Instagram account. The posts publicly advertised infringing goods. Armed with this discovery, the plaintiff's counsel applied to the court for a pre-action evidence preservation inspection under Art. 400 of the Civil Procedure Code and Arts. 29 and 149/1-a of the Industrial Property Law.

The Evidence Inspection Request

The application asked the court to order an on-site inspection of the defendant's premises by an expert holding trademark attorney qualification, to determine: whether counterfeit goods were present; their quantity and prices; how many units had already been sold; and to attach invoices and records to the expert report. The plaintiff also sought an order for seizure of the infringing goods under IPC Art. 149/1-d.

Why Pre-Action Inspection Matters

In trademark cases involving physical counterfeit goods, timing is critical. Stock can be moved, records can be deleted, and premises can be vacated within hours of a rights holder signalling intent to sue. A court-ordered inspection with a qualified expert — obtained before the defendant has notice of formal proceedings — secures the evidence while it still exists. The expert report produced from such an inspection becomes the centrepiece of the subsequent infringement action.

Decision

The court granted the inspection request and authorised a court-appointed trademark expert to accompany officers to the premises. Based on the inspection findings, the court declared infringement under IPC Art. 29 and ordered cessation of infringing activities under IPC Art. 149/1-c.

Takeaway

Social media monitoring is now a standard part of brand protection. A single Instagram post can serve as the basis for a pre-action inspection application — provided it is properly preserved (ideally via notarised screen capture). Rights holders who act swiftly on social media signals and immediately seek a court-ordered inspection maximise both evidentiary strength and practical enforcement impact.