Proof of Bad Faith: The Turkish Court of Cassation Adopts a Surprising Stance

In a case, the Turkish Civil IP Court decided for the invalidation of a trademark registration identical to the plaintiff’s mark and trade name. The decision noted that:

• The plaintiff held a registration for the same class in the EU (but not in Turkey) before the trademark at issue; and
• The plaintiff’s mark had a high distinctiveness and the defendant could not have created the mark on its own, coincidentally.

In light of these points, the local court concluded that the defendant registered the mark intentionally to take unfair advantage of the well-known status of the plaintiff’s mark and was therefore i