With the digitalization of the global economy, the center of gravity of commerce has shifted from physical stores to e-commerce marketplaces. In Turkey, giant platforms like Trendyol, Hepsiburada, n11, Çiçeksepeti, and globally Amazon, have transformed into digital shopping centers visited by millions of consumers every day. However, this enormous volume of commerce and digital ecosystem has also brought with it a new generation of brand infringement, counterfeit product sales , and unfair competition crises that are extremely complex and require expertise to track, going beyond traditional methods of infringement.

Today, e-commerce sellers and brand owners are battling not only counterfeit (fake) product manufacturers but also trolls exploiting the reputation of their registered trademarks, malicious competitors exploiting algorithmic loopholes, and systematic attacks known in e-commerce literature "Buybox Hijacking ." Protecting brand value, safeguarding digital sales, and preventing unfair gains requires legal processes under the Industrial Property Law No. 6769 and the Turkish Commercial Code No. 6102, which, by the very nature of e-commerce, demand millisecond-level speed and a deep technical/legal infrastructure.

1. Digital Trademark Infringement under the Industrial Property Law (IPL)

Registering a trademark grants its owner an absolute and exclusive right, . In e-commerce marketplaces, the limits of this right can be violated much more easily and widely than in the physical world.

Common Types of Brand Infringement in the Digital World

Brand infringements on e-commerce platforms manifest primarily in the following ways:

• Unauthorized Use in Headlines and Text: This refers to a seller using the name of a registered trademark without permission in the title, product description, or keywords (keyword stuffing) to rank higher in search engine or marketplace searches when selling their own product or a no-name product.

• Search Terminology and Label Exploitation: Placing a competitor's brand name in background text and product labels to direct consumers to one's own store when they search for a popular brand.

• Logo and Image Infringements: Copying and using original brand studio photographs, copyrighted catalog images, or registered logos by other stores in advertisements for the purpose of unfair gain.

Situations Considered as Trademark Infringement under Article 29 of the Trademark Law

According to Article 29/1-b of the Trademark Law, the legislator explicitly defines trademark infringement as: “Selling, distributing, possessing for commercial purposes, importing or exporting products bearing a trademark that has been infringed upon by using the trademark or a product so similar as to be indistinguishable from it, without the permission of the trademark has been infringed upon.” Since posting a digital advertisement or listing a product on a marketplace legally constitutes a“ commercial offer,” the infringement crime and tort are considered complete from the moment the advertisement is published.

2. Next Generation Digital Infringement: The “Buybox” Invasion and Its Legal Nature

The biggest nightmare for companies operating in e-commerce marketplaces is Buybox Invasion.

                   E-COMMERCE BUYBOX SYSTEM AND INVASION MECHANISM +--------------------------------------------------------------------------+ | Original Brand Owner: Creates a Special Product Listing under the name "X BRAND" (EAN/GTIN) | +--------------------------------------------------------------------------+ | v +--------------------------------------------------------------------------+ | Algorithm: Makes the seller offering the best price, shipping speed, and store rating | | the owner of the "Buy" (Buybox) button. | +--------------------------------------------------------------------------+ | v +--------------------------------------------------------------------------+ | Malicious Seller (Invader): Enters the listing as a "Sub-List" using the same EAN barcode. | | Takes over the Buybox by lowering the price by 1 TL. | +--------------------------------------------------------------------------+ | +-----------------------------+-----------------------------+ | | [RESULT 1: Trademark Infringement (Trademark Law Article 29)] [RESULT 2: Unfair Competition (Turkish Commercial Code Article 55)] The advertisement for brand X damages the brand owner's labor, investment, and reputation by selling counterfeit or low-quality products. Organic traffic is unfairly usurped.

How does the Buybox System work?

Platforms like Amazon, Trendyol, and Hepsiburada design a single product detail page to prevent hundreds of different sellers from creating hundreds of different listings for the same product (with the same EAN/GTIN barcode) . When a consumer searches for the product, only one listing appears with a large "Buy Now" or "Add to Cart" button. The marketplace's algorithm determines which seller's listing appears behind this button. The seller with the lowest price, fastest shipping time, and highest store rating wins the Buybox. More than 90% of consumers complete their purchase by clicking directly on this main button without looking at the list of other sellers below.

What is Buybox Hijacking?

A malicious third-party seller infiltrates a popular product listing, which the original brand owner has built up with thousands of dollars in advertising budget, professional photos, and SEO work, accumulating thousands of positive reviews. Using the same barcode (EAN), the intruder identifies as a sub-seller. By lowering the price by a few cents or a few liras compared to the original seller, the intruder tricks the algorithm and hijacks the Buybox button. From that moment on, all sales and revenue generated through the original listing flow into the intruder's coffers.

Legal Arguments to Combat the Buybox Invasion

In current cases filed before the Intellectual and Industrial Property Rights Courts in Ankara and Istanbul, the legal nature of the Buybox intrusion is based on two fundamental pillars:

1. Trademark Infringement (Article 29 of the Trademark Law): An intrusive seller, having hijacked Buybox, sends not the original product bearing the registered trademark stated in the title of the listing, but usually a counterfeit, equivalent, or outright fake product of a lower quality. Selling a product under the name of a registered trademark that does not meet that trademark's standards constitutes clear trademark infringement.

2. Unfair Competition (Turkish Commercial Code, Articles 54-55): The intruder unfairly and without compensation benefits from the original seller's advertising expenses, the effort spent on customer satisfaction, and the organic traffic (SEO power) generated by the advertisement. According to Article 55/1-a-4 of the Turkish Commercial Code, "Engaging in actions that cause one's own products to be confused with the other's by unfairly benefiting from another's legitimate right" constitutes unfair competition, clearly violating the principle of good faith.

3. Counterfeit Product Sales and Criminal Liability Processes

Selling counterfeit (fake/pirated) products that are exact copies of registered trademarks on e-commerce sites is the most serious violation of intellectual property law. This not only reduces the brand's turnover but also creates a lasting loss of trust (reputation assassination) in the minds of consumers who encounter the low-quality counterfeit product.

Criminal Investigation Process: Article 30 of the Turkish Commercial Code

Trademark infringement, under Turkish law, not only gives rise to legal compensation obligations but is also a criminal offense punishable by penal sanctions. According to Article 30/1 of the Trademark Law:

"Anyone who produces goods or provides services, offers for sale or sells, imports or exports, purchases for commercial purposes, possesses, transports or stores goods or services by infringing on another's trademark rights through imitation or deception imprisonment from one to three years and a judicial fine of up to twenty thousand days ."

The brand owner, through their lawyer, should identify the individuals or company officials behind the store selling the counterfeit products and file a criminal complaint with the Public Prosecutor's Office.

Search and Seizure (Raid) Strategy: Article 159 of the Turkish Commercial Code

Based on the invoice or return address information of the suspicious store in the marketplace, a raid (search and seizure) can be requested, with a judge's order, on the physical warehouses, workplaces, or cargo centers identified under Article 159 of the Turkish Commercial Code. In accordance with the Code of Criminal Procedure (CMK), during raids conducted with the assistance of cybercrime and security branch law enforcement officers, products with counterfeit barcodes are seized and documented as evidence. This criminal investigation will form the strongest evidentiary backbone for subsequent lawsuits involving exorbitant compensation claims.

4. Legal Responsibility of Intermediary Service Providers (Trendyol, Amazon, Hepsiburada)

A common misconception regarding trademark infringements on e-commerce marketplaces is whether the platforms themselves (Trendyol, Amazon, Hepsiburada, etc.) are directly responsible for these infringements.

Law No. 6563 and the Status of Electronic Commerce Service Provider

According to Law No. 6563 on the Regulation of Electronic Commerce and related e-commerce regulations, marketplaces "Intermediary Service Providers" . Under this legislation, intermediary service providers do not have a general obligation to pre-check the content, products, prices, and descriptions offered by sellers operating on their platforms, or to investigate whether any illegal activity is taking place.

“Warning-and-Remove” Mechanism and Corporate Panels

The legal responsibility of marketplaces "notice" . The brand owner must notify the platform through official channels as soon as they detect an infringement. To expedite this process, large e-commerce platforms have established their own internal protection mechanisms.

• Trendyol – TRES (Trendyol Reputation Protection System): This panel, accessed with a trademark registration certificate, is used to report infringing URLs and sellers who enter content into the Buybox.

• Amazon Brand Registry: An AI-powered infringement detection and removal tool that integrates global and local brand registrations.

• Hepsiburada – Brand Protection Portal: This is the corporate interface where rights holders directly report copyright and trademark infringements.

Platforms Becoming Jointly and Severally Liable

If the trademark owner or their representative clearly notifies the infringement via a notarized warning letter or by submitting registration documents through the platform's corporate infringement panel, and the intermediary service provider (marketplace) fails to remove the relevant listing/sub-listing within a reasonable time (practically within 24 to 48 hours), they will be deemed to have "knowingly and negligently participated in the infringement." After this stage, the marketplace becomes jointly and severally liable with the seller for any resulting material and non-material damages

5. Calculation of Compensation in Trademark Infringement and Unfair Competition Cases

In compensation lawsuits filed by companies whose registered trademarks have been infringed on e-commerce platforms, the special optional rights and calculation methodologies provided by the Trademark Law (SMK) come into play, unlike traditional commercial law.

Calculation of Lost Earnings under Article 151 of the Turkish Commercial Code

The trademark owner may seek compensation from the infringer for the damages suffered. Lost profits , the most significant component of the damages , are calculated using one of three methods, depending on the plaintiff's (trademark owner's) choice:

1. Probable Earnings Method: The probable net profit the brand owner could have earned in that marketplace if there had been no trademark infringement. (Based on historical sales graphs and algorithm ranking).

2. Net Profit Method of the Infringer: This method calculates the net profit of the infringer (invader/fake seller) from the total turnover they generate by usurping the registered trademark or Buybox. (This is the most frequently preferred method in e-commerce; because the exact number of sales made by the infringer can be determined retrospectively from marketplace panels down to the last penny).

3. Hypothetical License Fee (License Analogy): A hypothetical license/royalty fee that an infringer would have to pay if they wanted to lawfully use that trademark in the marketplace.

Reputation Damage (SMK Article 150/2)

If a registered trademark's reputation, image, and credibility are severely damaged in the eyes of consumers as a result of counterfeit or substandard products being sold under its logo and name, compensation for damages to its reputation .

6. Step-by-Step Guide to E-Commerce Brand Protection and Legal Strategy

When a breach, Buybox intrusion, or counterfeit product sale is detected in marketplaces, the following professional steps should be taken to prevent irreparable revenue losses:

Step 1: Digital Evidence Identification and Timestamp

Online advertisements can be changed or stores can be closed in seconds. Therefore, taking a screenshot alone may not be considered sufficient legal evidence.

• the Turkish Notaries Union's E-Detection application, the URL of the infringing advertisement, the seller's store ID (Merchant ID), and a screenshot of the Buybox listing must be officially recorded and timestamped.

• from the suspicious store "Mystery Shopper" ; the invoice for the received product, the sender information on the shipping bag, and the product itself should be kept as evidence in a forensic archive.

Step 2: In-Platform Notification and Notary Public Notice

After the e-detection, an infringement notification is immediately sent to TRES, Brand Registry, or corporate channels, requesting the cessation of the advertisement. To demonstrate the seriousness of the process, a "Trademark Infringement and Prevention of Unfair Competition" is sent via notary public to the infringing seller company and, to initiate joint and several liability proceedings, to the relevant marketplace company.

Step 3: Request for Provisional Injunction from the Intellectual and Industrial Property Rights Court

In order to prevent a decline in e-commerce turnover, a "Preliminary Injunction" is requested from the Intellectual and Industrial Property Rights Court (or the Civil Court of First Instance where the Intellectual and Industrial Property Rights Court does not exist) pursuant to Article 389 of the Code of Civil Procedure and Article 159 of the Industrial Property Rights Law, either before the main lawsuit is filed or together with the lawsuit.

• The court orders the provisional removal of the infringing e-commerce advertisement (URL), the deletion of the relevant barcode (EAN) match of the infringing seller, and the seizure of the counterfeit products during the shipping process.

Step 4: Mandatory Mediation Process

According to Turkish commercial law, mediation is mandatory as a prerequisite for filing a lawsuit in commercial disputes involving claims for compensation where the subject matter is the payment of a sum of money. Therefore, before filing a lawsuit, an application must be made to a mediation office, and negotiations must be conducted with the offending seller. If an agreement cannot be reached, the main lawsuit is filed along with the final report.

Step 5: Substitution of Civil, Moral, and Criminal Claims

If mediation fails, for the determination, prevention, and removal of trademark infringement, as well as for material and moral damages , is filed in the Intellectual and Industrial Property Rights Court. Simultaneously, the criminal investigation at the Public Prosecutor's Office is deepened.

7. Frequently Asked Questions (FAQ)

Question 1: A distributor to whom I sell my original products wholesale is listing and selling my brand on Trendyol without my permission. Is this a trademark infringement?

Answer: No, this situation does not, as a rule, constitute trademark infringement. "Exhaustion of Trademark Rights" applies under Article 5 of the Trademark Law. Once products bearing a registered trademark are placed on the market by the trademark owner or with their permission, their commercial trade (sale, listing on marketplaces) cannot be alleged as trademark infringement. However, exceptional intervention may be permitted if the seller alters the quality of the product, its original packaging, or engages in unfair display that damages the brand's reputation.

Question 2: I used Buybox to access a listing posted by another seller. The product is exactly the same, the barcode is identical, but the brand owner is threatening to file an infringement lawsuit. Is he/she right, and will I face legal consequences?

Answer: If the product you're listing belongs to a registered trademark and you're not selling an original, invoiced product of that brand (but rather a counterfeit or similar product), the trademark owner is entirely in the right. You will face both a trademark infringement lawsuit under the Turkish Trademark Law and a criminal case with a potential prison sentence for selling counterfeit products. However, if the product you're selling is genuinely an invoiced, original product manufactured by the trademark owner, no infringement occurs because the trademark rights have been exhausted; but if the images, special packaging details, or descriptions in the listing create unfair competition, you may face an unfair competition lawsuit under the Turkish Commercial Code.

Question 3: How can I find the name or address of a company that is infringing on my brand on an e-commerce marketplace? How can I bypass their privacy policy?

Answer: According to consumer protection and transparency regulations, e-commerce service providers (Trendyol, Amazon, etc.) are required to clearly display the official company names, MERSİS numbers, tax offices, and physical addresses of sellers (stores) on their platform on product detail pages or in the seller profile section. If false or incomplete information is provided, you can request the seller's true identity and membership information directly from the marketplace's corporate legal department through your lawyer or via court order.

Question 4: How long does it take to obtain an injunction in the Buybox case, and does the court require bail?

Answer: Obtaining a preliminary injunction from intellectual and industrial property courts takes approximately 3 to 7 business days , depending on the clarity of the evidence presented (electronic documents, invoices, trademark registration certificates). To secure the opposing party against potential unfair trade infringement damages, courts may request a cash deposit or bank guarantee letter from the plaintiff, typically amounting to 15-20% of the claim value or a fixed, non-exorbitant sum (e.g., between 10,000 TL and 50,000 TL ) . If the trademark registration is very clear and the infringement is obvious, preliminary injunctions without collateral may also be issued.

Conclusion: Legal Approaches in Protecting Brand Rights in Digital Marketplaces

E-commerce marketplaces, while offering tremendous growth opportunities for brands, are also a wild digital ecosystem that, if left unchecked, can lead to equally rapid reputational and capital losses. Buybox invasions, counterfeit products circulating in logistics networks, and unfair competition practices through the misuse of algorithms are too dynamic to be resolved with classic commercial law practices.

In pursuing a lawsuit or protection strategy in this area, it's not enough to simply know the legal provisions; it's essential to properly manage the algorithmic workings of marketplaces (Trendyol, Amazon, etc.), the logic behind EAN/GTIN barcode systems, digital evidence collection methods, and rapid injunction mechanisms. To protect your digital assets, permanently close accounts engaging in fraudulent sales, and recover lost earnings retrospectively, from an experienced IT/trademark lawyer specializing in IT law, e-commerce regulations, and intellectual property rights is the most critical investment for your brand's future.