As a bridge between Europe and Asia, Turkey’s unique a geographic location has always been an attractive venue for IP infringers. It is not an exaggeration to say that almost all IP owners could recount at least one infringement experience in Turkey. It is also very common to hear complaints that the enforcement tools are not efficient enough to overcome the persistent activities of the dedicated, and in some cases very creative infringers in Turkey. While it may be true that…
»
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…
»
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…
»
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…
»
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…
»
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…
»
