In today’s business world, competition among companies is shaped not only by the quality of their products and services, but also by their communication strategies with the public. However, the legal boundaries of such statements should be carefully determined. Statements made about competitors, particularly in Europe, may constitute “defamation” which are evaluated within the scope of competition law and provisions concerning unfair competition and may lead to serious legal…
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In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the…
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The effective protection of trademark rights is essential for preserving commercial identity and protecting consumers from misleading or counterfeit products. However, in recent years—particularly with the acceleration of digitalization, traditional enforcement methods have become increasingly inadequate. The global expansion of e-commerce platforms has made it easier for counterfeit goods to circulate online, complicating efforts by trademark owners to safeguard their…
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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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