Various Treatment For Anticounterfeiting: Grievance Earlier than Commercial Board – Mental Property

In its current selections¹, the
Commercial Board imposed sanctions towards the promoting of
counterfeit merchandise that had been offered and marketed as real
merchandise on varied web sites Instagram pages, based on Regulation No.
6502 on Safety of the Client (“Client Safety
Regulation”) and the Regulation on Business Commercial and
Unfair Business Practices (“Promoting
Regulation”).

The complaints topic to those selections are based mostly on the very fact
that the merchandise provided on the market on the web sites and Instagram
pages are marketed and promoted as real merchandise, regardless of the
merchandise obtained by the customers don’t adjust to the standard
requirements anticipated from these merchandise.

The Commercial Board has evaluated that the claims concerning
the authenticity of the merchandise in these commercials accessible
on the required web sites don’t replicate the reality and that the
commercials and promotions which have an effect on the buying resolution
of the customers are misleading, deceptive and exploiting the shortage
of knowledge of the customers. Consequently, the Commercial
Board has concluded that the commercials topic to scrutiny
violated the Client Safety Regulation and the Promoting
Regulation. Moreover, it has been determined to concern a stop order
towards the mentioned commercials and concern an administrative
financial positive contemplating the web channel the place the
commercials are broadcasted and the date thereof.

In its resolution numbered 2021/833 rendered on the assembly dated
09.03.2021 and numbered 307 of the Commercial Board, it has been
decided that the complainant firm’s trademark registered
earlier than the Turkish Patent Trademark Workplace has been used with out
permission within the promotions and promoting made on the web site of
the complained occasion. The Commercial Board evaluated that the
complained occasion, on account of unpermitted use of the logos,
unfairly benefited from the trademark rights and the industrial
status of the complainant. Subsequently, the mentioned promoting was
discovered deceptive, misleading, and exploiting the ignorance
to have an effect on customers’ buying selections. It’s concluded by
the Commercial Board to concern a stop order towards the mentioned
promoting and to impose an administrative financial sanction for
the commercials that violated the Client Safety Regulation and
the Promoting Regulation.

In our opinion, it is a vital improvement that the
Commercial Board, which is established beneath the Ministry of
Commerce’s Normal Directorate of Client Safety and Market
Surveillance, additionally carries out administrative towards
commercials and promotions of counterfeit merchandise and
implements administrative sanctions stipulated within the Client
Safety Regulation and Promoting Regulation. The choices above are
additionally exemplary to affirm that the trademark proper holders can
alternatively resort to administrative treatments and judicial
treatments towards trademark infringement.

Footnote

1. The choice numbered
2019/9106 rendered on the assembly dated 04.05.2021 numbered 309 as
nicely as the choice numbered 2019/2610 rendered on the assembly
dated 11.08.2020 numbered 300

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