Decisions

Serial Marks, Lack of Confusion

The trademarks in the disputed action are serial trademarks registered by the defendant by adding the wordings "E...Jady" and "E...toff" without changing the primary element of the trademark "E...+crown figure", which has been used by the defendant for a long time since it was registered in 1994.

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Notoriety Status, Claims relying on Notoriety

In accordance with Article 8/4 of the Decree Law no: 556, it cannot be asserted that there is an obstacle to registering the application in question due to the existence of the trademark numbered 1995/169503 which was not well-known on the date when the defendant filed the trademark application which also covered different service classes (35, 36, and 41).

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Copyright Law, Jurisdiction

A lack of jurisdiction decision was given by the Court. Nevertheless, the subject of the agreement is to prepare CD-ROMs in different languages introducing Turkey.

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WIPO Arbitration and Mediation Center - ADMINISTRATIVE PANEL DECISION

The Domain Name and Registrar

The disputed domain name "sahibindenara.com" is registered with Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com.

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WIPO Arbitration and Mediation Center - ADMINISTRATIVE PANEL DECISION

The disputed domain names "tekirdagrakisi.com" and "tekirdagrakisi.net" are registered with Register.com, Inc.

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Territory Principle, Protection According to Unfair Competition Rules

"...In accordance with the territory principle stipulated in Articles 1/2, 5, and 25 of the Decree Law numbered 551 and Articles 2 and 4 of the Decree Law numbered 554, the said Decree Laws may grant protection only to patents and designs that are registered in Turkey.

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Patent, Jurisdiction

"...Article 34 of the Decree Law numbered 554 stipulates that, "An application which has been accorded a date of filing in accordance with the provisions of Articles 32 and 33 will be entered in the Design Register" and Article 48/2 of the same Decree Law states that, "Where the application for a design has been published in accordance with Article 34 of this Decree-Law, the application right holder has the right to institute civil and penal proceedings against the infringing party.

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WIPO Arbitration and Mediation Center - ADMINISTRATIVE PANEL DECISION

The Domain Name and Registrar

2.1 The disputed domain name (the "Domain Name") is registered with DSTR Acquisition VII, LLC d/b/a Dotregistrar.com (the "Registrar").

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Intellectual Property Rights, Preliminary Injunctions

"...In principle, if it is determined that a party who requested a preliminary injunction was not right, the other party or third person may demand compensation for damages arising from the preliminary injunction from the party who requested the preliminary action in a separate compensation action.

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WIPO Arbitration and Mediation Center - ADMINISTRATIVE PANEL DECISION

The Domain Name and Registrar

The disputed domain name, "hurriyet.net" (the "Domain Name"), is registered with GoDaddy.com, Inc. (the "Registrar").

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WIPO Arbitration and Mediation Center - ADMINISTRATIVE PANEL DECISION

The Domain Name and Registrar

The disputed domain name, "digiturk.com" (the "Domain Name"), is registered with GoDaddy.com, Inc. (the "Registrar").

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Commercial Title, Trademark, Trademark Infringement by Using Commercial Title

"...As for the case in question:

The plaintiff private university was founded as "Atılım University,"provides educational services under this founding statute, and thus is using the word "Atılım" in describing its services. Further, it introduces its services with the same name.

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5-Year Cancellation Period Begins from the Date of Registration

"...The application date is used in determining the date from which the protection period starts. The registration date to be used in determining the 5-year period within which to file a cancellation action is set forth in Article 39 of the Decree Law titled 'Registration', which reads:

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Utility Model, The Right to File an Application

"According to Article 157 of the Decree Law numbered 551, if the innovation subject to the Utility Model Certificate is innovated in the same time by more than one person and one of them files an application, the right to request the Utility Model Certificate is determined in accordance with Articles 11 and 12 of the same Decree Law.

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 together with alimoğlu oruç Law Office