No Cumulative Protection Against Likelihood of Confusion Under Trade Mark and Unfair Competition Law.

Journal article

1 online resource (pages 63–64)

Turkish Commercial Code No. 6102, Art. 55(1)(a)(4); Trade Mark Decree Law No. 556, Art. 9, Art. 61 – BUSTESİN Headnote by the Editorial Office In the light of the protection of trade marks provided by the provisions of the Industrial Property Law No. 6769 (formerly by the Trade Mark Decree Law No. 556), which is its own special law for trade marks, and the regulation in Art. 55(1)(a)(4) of the new Turkish Commercial Code No. 6102 that no longer includes the concepts of ‘name, title and trade mark’, the previous judicial practice providing cumulative protection against likelihood of confusion under unfair competition and trade mark law can no longer be maintained. Court of Cassation, decision of 14 March 2022 ‒ Case No. 2019/5189, Decision No. 2022/1852 […] The plaintiffs’ counsel, without prejudice to the plaintiff’s rights regarding pecuniary and non-pecuniary damages, requested the determination, prohibition and elimination of the consequences of the trade mark infringement and unfair competition committed by the defendant against his client, the prohibition of the production and sale of the defendant’s products containing the word ‘BUSTESİN’, the prohibition of its use in all kinds of promotional materials and commercial documents, the destruction of the printed materials and similar means when the judgment becomes final, and the publication of the judgment, on the grounds that; the plaintiff has owned collective trade mark No. 002607059 and the trade mark ‘UBISTESIN’ since 5 March 2002 in all European Union Member States and the trade mark ʻUBISTESIN FORTE’ registered in Turkey. The plaintiff’s trade marks are registered in class 05. The defendant’s products labeled ‘BUSTESİN’ are similar to the plaintiff’s trade marks.1 The plaintiff’s [and the defendant’s] production covers goods in class 05. The parties’ trade marks would create a likelihood of confusion in the average consumer. The defendant’s trade mark application No. 2013/57343 containing the word ‘BUSTESİN’ was also rejected upon the plaintiff’s objection.

Crossref

GRUR International ; 73, 1, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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