UNFAIR COMPETITION AND TRADEMARK LAW

Unfair Competition and Trademark Law: Legal Regulations and Application Areas

Entrance

Unfair competition is closely related to the necessity of competing honestly and fairly in business. Trademark law, on the other hand, ensures the protection of trademarks that distinguish a business's products or services.

1. Unfair Competition Law

Unfair competition is regulated in Articles 54-63 of the Turkish Commercial Code (TTK). The TTK contains detailed provisions on what constitutes unfair competition, which actions constitute unfair competition, and what legal remedies a person subjected to unfair competition can pursue.

1.1 Definition and Elements of Unfair Competition

According to Article 54 of the Turkish Commercial Code, "Unfair competition is defined as unjust and unlawful conduct that, by acting contrary to the rules of honesty in economic competition, harms or risks harming another person's customer base, business, commercial activities, or other economic interests."

1.2 Unfair Competition Practices

Unfair competition practices are regulated under the following headings in Article 55 of the Turkish Commercial Code:

• Advertising and sales methods that violate the rules of honesty
• Misleading statements and unnecessarily defamatory remarks
• Imitating original shapes and expressions
• Unfair use of specifications and markings

1.3 Legal Consequences of Unfair Competition

In cases of unfair competition, the injured party may pursue the following legal remedies:

• Right to Sue: According to Article 56 of the Turkish Commercial Code, the injured party may file a lawsuit for compensation.
• Determination of Illegality: The plaintiff may request the court to stop the act constituting unfair competition and eliminate its consequences.

2. Trademark Law

Trademark law deals with the protection of signs that serve to distinguish the goods or services of one business from those of other businesses. In Turkish law, trademark protection is regulated by the Industrial Property Law No. 6769.

2.1 Trademark Definition and Registration

According to Article 4 of the Trademark Law, a trademark is defined as "any sign, including personal names, especially words, shapes, letters, numbers, designs of goods or drawings of their packaging, which serves to distinguish the goods or services of one undertaking from the goods or services of other undertakings." Trademark registration is carried out by the Turkish Patent and Trademark Office, and registration grants exclusive rights to the trademark owner.

2.2 Protection of Trademark Rights

Article 29 of the Trademark Law specifies the legal remedies available to a trademark owner in case of trademark infringement:

• Damages Claim: The trademark owner can file a damages claim against the person who infringed on their trademark rights.
• Action for Prevention of Infringement and Redress of its Consequences: The trademark owner may request the cessation of the act infringing their trademark rights and the elimination of its consequences.

2.3 Unfair Competition in Trademark Law

In trademark law, unfair competition arises in situations such as the imitation of a trademark or its use in a way that harms another trademark. The Supreme Court establishes a strong link between trademark infringement and unfair competition, and strongly protects the rights of trademark owners in such cases.

Supreme Court Case Law

The Supreme Court has issued many important decisions on unfair competition and trademark law. Some of these decisions serve as guidelines in practice:

 

11th Civil Chamber, Case No. 2016/8296 E., Decision No. 2018/2385 K.

"Case Law Text"

COURT: PRIMARY CIVIL COURT

Case, to the brand rape And unfair competition stopping, preventing, eliminating the consequences And This relates to a claim for monetary compensation. The court determined that the defendant's products.. branded usage And the product packaging of the plaintiff brand violation of rights And at the same time unfair rivalry the acceptance of the case on the grounds that it created rape and the prevention of rape And In accordance with Article 66 of Decree Law No. 556, monetary compensation has been awarded. However, in accordance with Article 6 of Decree Law No. 556.. brand protection is obtained through registration And unless it is rendered invalid brand Using it in its registered form constitutes legal use. In the specific dispute, the defendant used the registered “… Synonym … …+shape” brand Since the company used the products as registered, this use constitutes the plaintiff's right brand by the court, even though it would not constitute an infringement of rights to the brand detection of rape And It was deemed incorrect to award compensation based on the semen. On the other hand, the plaintiff's claim regarding the color of the product packaging.. And In terms of its composition, it also complies with the provisions of the Turkish Commercial Code unfair rivalry He claimed that it was created. In the expert report adopted by the court.. unfair competition in relation to its existence branded The same color on the products, taking into account the presence of these elements And use of font style unfair rivalry It was concluded that he created it. However, the defendant.. branded because its use is legal use unfair rivalry This cannot be taken into consideration in the evaluation. In this case, the parties' assessment of the products.. branded color other than the elements And Product packaging is evaluated in terms of packaging composition unfair competition while it needs to be evaluated, branded taking into account the factors unfair competition The belief in its existence was incorrect; it necessitated its destruction.
CONCLUSION: For the reasons stated above, the defendant representative The appeal is accepted and the judgment is REVERSED in favor of the defendant; the advance appeal fee paid by the appellant shall be returned upon request. This decision was made unanimously on April 4, 2018 given.

11th Civil Chamber, Case No. 2016/1197 E., Decision No. 2017/4042 K.

"Case Law Text"

COURT: INTELLECTUAL AND INDUSTRIAL PROPERTY LAW COURT

Plaintiff representative, client registered in the name of number 205475 "..." brand reputed brand it was also accepted as such, the defendant the same brand by using it in its own business area, in retail services his client brand that he violated her rights, and that this act also unfair rivalry claiming that it constitutes "..." to the brand rape And unfair competition its determination, his client violation of rights And unfair competition prohibition, brand The prohibition of using it in a way that creates a commercial impact on the internet, for now, is punishable by a fine of 5,000 TL And The plaintiff requests the collection of 10,000 TL in moral damages, along with commercial interest, and the publication of the decision And He filed a lawsuit.
Defendant representative, “…+Figure” And “…+ Made in Turkey” brand In the 25th grade, “…” brand In grades 24, 25, and 35 client that it is registered in its name, this registration brands that it was used, in the plaintiff's footwear industry, his client The defendant argued that it operates in the ready-to-wear clothing sector and requested that the case be dismissed.
The court considered the allegations, the defense, and the reversal order that was complied with And According to the entire file, the defendant's business address contains the phrase "..." And It was observed that other signs were present, the defendant's ... Store was engaged in the sale of clothing products, the plaintiff's registered sign read "..." brand defendant's workplace unfair rivalry in a way that will create And in a way that will cause material damage to the plaintiff brand It was determined that he committed rape, according to Article 64 of Decree Law No. 556 And The amount of compensation that can be calculated according to the criteria specified in Article 66 is determined based on the sublease agreements of the defendant reflected in the file And The amount of compensation for moral damages was determined to be at least 5,000 TL based on the invoices submitted, and the defendant's actions fall within the meaning of the Turkish Code of Obligations unfair Since it constitutes an act, Article 68 of Decree Law No. 556 And The court partially accepted the case on the grounds that 5,000 TL in moral damages were awarded pursuant to Article 58 of the Turkish Code of Obligations, and the plaintiff's statement "..." brand defendant's workplace unfair rivalry in a way that will create And It was determined that the property was used in a way that caused material damage to the plaintiff, and 5,000 TL in material compensation was awarded And The defendant shall pay the plaintiff company 5,000 TL in moral damages, along with commercial interest from the date of the lawsuit to be given, other request And decision to reject the requests is given.
The decision, the party representatives He appealed.
1-) The judgment is based on the reversal decision followed by the court regarding the documents in the file given that there is no error in the assessment of the evidence And According to the legal situation at the time of the lawsuit, the defendant representative All appeals are unfounded.
2-) Plaintiff representative Regarding the examination of the appeals, the plaintiff representative, in the lawsuit petition to the brand rape And unfair competition in addition to the request for determination his client violation of rights And unfair competition The defendant also stated in his testimony at the hearing on November 4, 2009, that the ban should be imposed, "..." brand The plaintiff also requested that the defendant be prohibited from using the device in the 35/08 class. The court ruled that the defendant was liable for the plaintiff's actions brand violated his rights And unfair in competition Since it has been determined that these actions were carried out, a decision has also been made to prohibit them giving determination decision given It is sufficient to include in clause 4 of the judgment section "Other requests" And by issuing a ruling "rejecting the requests" to the brand rape And unfair competition The decision was to reject the request for a ban giving This was incorrect and necessitates the reversal of the decision in favor of the plaintiff.
CONCLUSION: For the reasons explained in paragraph (1) above, the defendant representative all appeals are rejected for the reasons explained in paragraph (2), the plaintiff representative The appeal is accepted and the decision is REVERSED in favor of the plaintiff; since the appeal fee was paid in advance by the defendant, no further fees are required; the advance appeal fee paid by the plaintiff shall be returned to the plaintiff upon request; the decision was made unanimously on 03/07/2017 given.

Conclusion

Unfair competition and trademark law are of great importance in regulating and protecting commercial life. The Turkish Commercial Code and the Industrial Property Law provide detailed regulations on these issues and offer various legal avenues for the protection of rights holders. Supreme Court precedents also serve as a guide in practice and are an important resource in unfair competition and trademark law cases. Therefore, businesses must act in accordance with legal regulations and precedents to protect themselves from unfair competition and effectively defend their trademark rights.

 

Student Intern

Behiye Zeynep Ozturk