Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41
Office and IP Court found that there was a likelihood of confusion
Court of Appeals reversed due to high level of attention of target consumers
Background
On March 9 2012 Dutch company Spil Games applied to register the trademark A10.COM in Classes 9 and 41 before the Turkish Patent and Trademark Office, to use for its online gaming portal targeting teenage boys. The application covered goods such as…
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Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or…
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The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law
Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK.
Online broadcasting activities will be subject to…
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Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration.
Pre-nups and arbitration agreements
A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case…
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Introduction
The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if:
serious damage might occur to the applicant because of a delay; or
it would be impossible or difficult to obtain rights due to changes in the current situation.
In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary…
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Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’
IP Courts found no likelihood of confusion and that ‘stick’ is descriptive
Court of Appeal disagreed in somewhat unusual decision
In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first…
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