The Turkish Code of Civil Procedure No. 6100 (“CCP”) regulates the granting of a preliminary injunction in return of a guarantee. However, the focus of this study is on the fate of the guarantee provided for a preliminary injunction in the event that a compensation action is filed after the finalisation of the action in which guarantee is given. Yet there is neither a specific provision in the CCP on this issue, nor a concrete, established practice on how this important issue…
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The Turkish courts have ruled in favour of the owner of a mark consisting of a very common expression
The courts found that, even though ‘İyi Yaşam’ is a common expression, the plaintiff’s intensive use strengthened the distinctiveness of the mark
Arguably, such outcome is not in line with previous Court of Cassation decisions
In a recent decision, the Court of Cassation has favoured the registrant of a weaklydistinctive sign in the similarity examination by ignoring the…
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In its recent decisions[1], the Turkish Court of Cassation conducts a comprehensive evaluation of the organic connection when determining whether the legal entities named as defendants in the case are jointly and severally liable for the employment receivables.
In this context, taking into account the definition of organic connection provided in the case law of the Court of Cassation[2] and that of the General Assembly of Civil Chambers of the Court of Cassation, actors such…
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Due to economic fluctuations in Turkey in the recent years, landlords have been seeking to increase rent prices and tenants have not responded favorably to these requests which eventually lead to an increase in disputes over eviction. Particularly in residential and commercial property leases, due to the unique and stringent conditions imposed by the Turkish Code of Obligations No. 6698 (“the Code”) on the termination of lease agreements and the eviction of tenants, landlords…
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In a decision dated March 18 2025 (No. 2024/3844 E. (Merits), 2025/1879 K), the 11th Civil Chamber of the Turkish Court of Cassation upheld a Regional Court of Appeal finding that a trademark application had been filed in bad faith – reversing a ruling that dismissed the claim.
Background to the case and the first-instance ruling
On April 11 2019, an application was filed for the registration of the trademark ‘Stayer+’ in classes 7 and 35 of the Nice Classification. The…
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The Advertising Board (“Board”) works to raise awareness about targeted advertising and deceptive commercial design practices, monitor international regulations and applications related to digital advertising and the use of personal data, and take necessary measures against current or potential violations. In this regard, the Board cooperates with the Personal Data Protection Authority. The Board also strictly supervises advertisements and commercial practices involving the…
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