Compensation Lawsuits That Can Be Filed in Case of Trademark Infringement

Abstract

Trademark infringement, defined as unauthorized interference by third parties with trademark rights, can cause significant harm to enterprises. Beyond economic losses, the reputation and trust associated with the trademark may also suffer substantial damage. Therefore, identifying acts that constitute infringement of registered trademark rights is of critical importance. This enables trademark owners to prevent infringements, penalize infringers, and seek compensation for material and immaterial damages that arise. Pursuant to Article 149 of the Industrial Property Law, the rights holder may file lawsuits under specific conditions for the determination of whether an act constitutes infringement, prevention of potential infringements, cessation of infringing acts, removal of the effects of infringement, and compensation for material and immaterial damages. Under subsection (ç) of the same article, it is explicitly provided that the trademark owner may claim compensation for material and immaterial damages in addition to other remedies. Actions arising from the Industrial Property Law and specific trademark legislation are deemed absolute commercial cases under Article 4/1-(d) of the Turkish Commercial Code, and initiating mediation is a prerequisite before filing a compensation claim. In material compensation claims arising from trademark infringement, the rights holder who has suffered harm due to an unlawful act may seek redress for their losses from those responsible. Material compensation claims are regulated under Articles 150 and 151 of the general provisions of the Industrial Property Law. The compensation for immaterial damages is addressed in Articles 149/1-ç and 150 of the Industrial Property Law, with the primary aim of remedying the adverse consequences caused to the commercial and personal existence of the trademark owner due to the loss of trust. Moreover, if the reputation of the industrial property owner is damaged, the trademark owner may demand compensation for reputational harm under the term "reputational compensation."