Someone Registered My Trademark in Turkey: How Foreign Brand Owners Get It Back
Turkey is a first-to-file country, so a distributor, importer or a complete stranger can register your brand before you do. Opposition, bad-faith inva…
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"Coexistence" Doctrine Inapplicable Where Parties Have Opposed Each Other's Applications | Ankara 1st IP Court 2025/72
Following a second Yargıtay reversal, the court declared a competing trademark invalid: the co-existence doctrine could not apply because both parties…
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Competent Court in Trademark Invalidity Actions: Defendant's Domicile Rules | Ankara 1st IP Court 2025/230
In Turkish trademark invalidity proceedings, the competent court is the IP court at the defendant's domicile, not the plaintiff's. Ankara 1st IP Court…
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Court Orders Seizure of Counterfeit Sports Club Merchandise: "I Didn't Know" Defense Fails
The Bakırköy 1st IP Court rejected the retailer's claim of ignorance and ordered the seizure of counterfeit T-shirts bearing a major sports club's reg…
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Similar Trademark Sign in Shopping Mall: Dismissed on Different Classes and 30-Year Coexistence
Bakırköy 1st IP Court dismissed a trademark infringement action (filed in 2017, remanded in 2023) finding that a kitchenware retailer's use of a simil…
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TRY 110,000 Damages for Unauthorized Use of Trademark Online: Net-Profit Method Under SMK
Bakırköy 1st IP Court found that a defendant who used a registered trademark sign on its website without authorisation infringed trademark rights. Fro…
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Similar Sign, Different Mark: Trademark Infringement Claim by GSM Operator Dismissed
Bakırköy 1st IP Court dismissed a trademark infringement claim brought by a major Turkish GSM operator, finding that the defendant's shop sign was not…
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Copying a Registered Fabric Design: Trademark Infringement, Not Unfair Competition | Final
Bakırköy 1st IP Court ruled that a defendant who prepared fabric samples closely resembling a registered textile design infringed the design right und…
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No Monopoly Over Geographical Terms: Trademark Infringement Claim Dismissed in Fashion Sector
A trademark based on a geographical place name cannot block all third-party uses. The court held that the defendant's use of the term as a product mod…
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Serial Registration of Famous Mark Identical Sign: Bad Faith and Full Invalidation
Bakırköy 1st IP Court invalidated four trademarks in classes 20 and 24 using the same sign as a well-known trademark, finding bad faith under Article …
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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 bl…
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Selling Online Game Cheats: Not Copyright Infringement, But Unfair Competition
Bakırköy 1st IP Court ruled that selling cheat plugins for an online game neither infringes trademark rights nor copyright, but constitutes unfair com…
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Expert Said Invalidate, Court Said Dismiss: Likelihood of Confusion Is a Legal Question for the Judge
An internationally recognized textile brand sued a competitor over its 'TST' trademark, seeking invalidation on grounds of similarity and bad faith. D…
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Glass Sector Competitor's Two Trademarks Invalidated for Likelihood of Confusion
A glass manufacturer holding earlier trademark registrations sought invalidation of a competitor's later-filed marks. The court found the marks confus…
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Suing for Trademark Infringement After 10+ Years of Silence: How 'Acquiescence' Ended the Case
A registered owner sued a neighbouring business that had used the same name for over ten years. The court treated the late action as an abuse of right…
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Selling Counterfeit Socks in a Shop: Does 'I Didn't Know It Was Illegal' Work as a Defense?
A shopkeeper selling counterfeit socks of a well-known brand argued he 'didn't know' — the court rejected it. Since bad faith is not required for trad…
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Can Generic Phrases Like '24/7' Give You a Trademark Monopoly? Court Finds No Confusion
Because the phrase common to the marks was a secondary element used by everyone in the sector, the Court of Cassation reversed the decision, holding t…
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A Similar Name Is Not Always Trademark Infringement: Court Finds 'No Likelihood of Confusion'
Because the two marks differed in their opening elements and overall impression, the court held there was no likelihood of confusion and dismissed the…
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