In recent years, it has become increasingly common for stores to request contact information from individuals during purchases and/or to obtain their explicit consent by sending a verification code via SMS, after which commercial electronic messages are sent to the provided contact details for advertising purposes. Due to the growing number of complaints from consumers and the widespread nature of this practice, the Personal Data Protection Board (“Board”) issued a Board…
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Rapid technological developments in the automotive sector have led to the increased presence of autonomous (driverless) vehicles in traffic in some countries around the world, thereby bringing related legal issues to the forefront. In this context, there is a need for legal regulations that can keep pace with technological developments and respond to emerging needs, and the adequacy of existing legal regulations in serving technological developments is being evaluated. Among…
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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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