Court of Appeal Considers 'Likelihood of Association' and 'Trademark Series' Concepts
First, the IP Court had determined that 'W' was the main and distinctive part of the trademarks that were the basis of the opposition, and that 'king' is a word that is commonly used to identify quality, especially in the temporary accommodation and hotel management sector, which fell within the scope of protection of the trademarks. Further, it established that the addition of the word element 'king', even though it is visually and aurally dissimilar to the earlier… »
Court of Appeal Considers Likelihood of Association and Trademark Series Concepts
On December 3 2012 the 11th Civil Chamber of the Court of Appeal upheld a decision of the Ankara Second IP Court in which the latter had determined that the trademark W-KING was confusingly similar to the trademarks W (and device), W RETREAT & SPA, W HOTELS and W HOTELS (and device) in Classes 37 and 43 of the Nice Classification. The IP Court found that adding a word element to the distinctive part of a mark is insufficient to create distinctiveness and eliminate the… »
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code (1)
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »
Well-Known Status of Earlier Marks Taken Into Account in Opposition Proceedings
In January 2011 SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an application for the registration of DIABLO ENERGY DRINK (and device) for all goods falling within Classes 29 and 32 of the Nice Classification: Red Bull GmbH filed an opposition against the application on the grounds that it was confusingly similar with the following RED BULL marks: Red Bull also argued that its trademarks are well known in Turkey. Red Bull… »
TPI Records UGG as Well-Known Trademark
The Turkish Patent Institute (TPI) has accepted Deckers Outdoor Corporation's application for the recordal of its UGG mark as a well-known trademark. Deckers had submitted comprehensive evidence to the TPI together with its application, including:registration certificates; affidavits; pictures of Ugg boots worn by celebrities; financial statements; documents evidencing raids conducted against infringers in Turkey; and a reasoned decision of the Fourth IP Court of Ankara… »