In today’s world, where competition between companies is intense on the Internet, new protective norms are needed pertaining to trademark rights violations.
Accordingly, lawmakers have included the use of trademark of others as a keyword on the Internet in such a way to create commercial effect under the scope of trademark infringement for registered trademarks with the Industrial Property Law No. 6769. Unregistered trademark proprietors, on the other hand, are entitled to benefit from the unfair competition provisions of the Turkish Commercial Law numbered 6102.
In our study, under which circumstances the use of someone else’s trademark as a keyword in search engines on the Internet may constitute a trademark violation is evaluated, the mechanisms to be applied against the violations are explained, the judicial decisions on the subject matter are shared, and the responsibility of the search engine is touched upon briefly.
This study has been conducted based on the relevant legislations and judicial decisions in Turkey.
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By İçtem Legal, Interleges Member firm in Turkey.