One Counterfeit Cookie Triggers Trademark Lawsuit: "We Didn't Know" and "A Customer Left It" Defenses Both Rejected

This case arose from the discovery of a single cookie bearing a well-known sports club's registered trademark during an evidence-preservation inspection at a pastry shop in Istanbul.

Why the "A Customer Left It" Defense Failed

The defendant argued that the cookie had been brought in by a customer for placement on a custom cake, and that the business had not sold the item. However, a sales receipt for the very product had already been submitted to the court file prior to trial, proving the item had in fact been sold by the establishment.

Can a Single Item Constitute Trademark Infringement?

Yes. Article 29 of the Industrial Property Code sets no minimum quantity threshold. Commercially holding or selling even one item bearing a registered trademark without authorization constitutes infringement — regardless of intent.

Court's Ruling

• Trademark infringement confirmed and ordered to cease,
• Infringing item seized,
• Attorney's fees of TRY 40,000 awarded to the plaintiff,
• Litigation costs of TRY 6,205.20 recovered from the defendant.

Key Takeaway

This decision underscores that quantity does not determine liability in trademark infringement cases. Even a single item can expose a business to a full infringement lawsuit, cease-and-desist order, and significant cost awards.