Breach of Trademarks Online in The Turkish Law
Significance of the internet in the present trade increases each passing day and commerce develops through the internet.
In addition, consumers examine features, prices … etc. of products which they desire to buy through the internet and buy the products which they decided to buy online directly or from a store chosen by them.
Most portion of trademark breaches have been started to be made online due to role of the internet in the today’s commercial life.
The Turkish law makes new regulations to settle resulting disputes.
Use of trademark online may be considered as a crime only if “the person who uses the trademark online has no a fair and legal connection” in accordance with the Trademark Law No. 556.
Fair and Legal Connection exists if the person who uses the trademark online is a licensee, dealer, distributor or uses such trademark and domain name as a trade name in the commercial life in good faith.
For instance: If the trade name “Nike Engineer A.S.” is registered and the base word of this trade name is used in the domain name like www.nikeengineer.com.tr, trademark violation may not be the point in question. However, in case of usage like www.nike.com.tr, trademark violation occurs depending on nature of the concrete event.
Another important issue in terms of the Turkish Law is the Internet domain name “to be in a form to create commercial effect”. No trademark violation occurs in usages without personal and commercial purpose. However, if advertising, publicity of a company is made in that domain name, existence of commercial effect is required from now on and this situation is a violation of trademark.
Online violation of a registered trademark does not occur by a reference to the trademark in the domain name all the time but violation of trademark also occurs if a registered trademark is inserted in a website as a keyword, metatag in a way to affect the search engines as per the Turkish law.
Another matter which is important in terms of the Turkish Law is that the disputed domain name gives rise to commercial effect in the same areas with the Registered Trademark.
If the Domain Name and Registered Trademark are active in different commercial areas and consumers are not confused (e.g.: Furniture products are sold in the domain name but the trademark is registered in the electronic products), no trademark violation occurs in such cases.
Our Law and Patent Office recommends specific legal evaluation of each event/dispute in trademark in online trademark violations.
ELTUTAN Law & Patent Office
Eltutan Patent Office was established by attorney Murat Eltutan and his colleagues in İstanbul, Turkey in 1996.
Our firm provides legal services specializing in intellectual property law and Trademark- Patent- Industrial Design registration procedures for domestic and international clients.
Our firm performs protective law consultancy with its expert team members. Thus, it provides services while keeping our clients in a lawful and fair environment and maintaining their judicial safety.
We do not give legal service only after we encounter problems but we work in a way to foresee and prevent problems to emerge, and to give service of conciliatory consultancy.
You Can Consult Us for Your Clients’ Trademark, Patent, Industrial Design Registration Prodecures and Questions of Law in Turkey.
Attorney Emine Artar TURKISH – ENGLISH
Tel: +90(212) - 272 28 00 Fax: +90(212) - 274 61 46
E-mail: [email protected]