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Court of Appeals: Target Consumers’ Level of Attention Rules out Likelihood of Confusion

Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41 Office and IP Court found that there was a likelihood of confusion Court of Appeals reversed due to high level of attention of target consumers In a recent decision, the Court of Appeals has ruled that the level of attention of the target consumers of a trademark plays a significant role in the assessment of the likelihood of confusion. Background On March 9 2012 Dutch company Spil Games applied to… »

SARAY POPPY Decision: a New Approach to Likelihood of Confusion and Vested Rights?

On October 25 2017 the Turkish Court of Appeal upheld a decision of the Civil IP Court in which the latter had assessed the similarity between two trademarks by taking into account generic words that would not normally be considered in the examination of the likelihood of confusion. The decision also deals with the hot topic of how, and under which conditions, an earlier trademark provides vested rights to its owner. An application was filed for the registration of the mark… »

Court of Appeals: Target Consumers' Level of Attention Rules Out Likelihood of Confusion

Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41 Office and IP Court found that there was a likelihood of confusion Court of Appeals reversed due to high level of attention of target consumers  Background On March 9 2012 Dutch company Spil Games applied to register the trademark A10.COM in Classes 9 and 41 before the Turkish Patent and Trademark Office, to use for its online gaming portal targeting teenage boys. The application covered goods such as… »

New Regulation Regarding the Food Advertisements

Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or… »

RTUK’s Supervising and Monitoring Authority Extended to Internet Broadcasts

The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK. Online broadcasting activities will be subject to… »

Choosing the ‘Right’ Arbitration Institution—Guidance for Businesses on Costs

Updates -

Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration. Pre-nups and arbitration agreements A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case… »

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