Marka Hakkına Tecavüz - Yargıtay 19. Ceza Dairesi 2020/552 Esas 2021/839 Karar Sayılı İlamı
Esas No: 2020/552
Karar No: 2021/839
Karar Tarihi: 02.02.2021
Marka Hakkına Tecavüz - Yargıtay 19. Ceza Dairesi 2020/552 Esas 2021/839 Karar Sayılı İlamı
Özet:
The decision of the 19th Criminal Chamber on the violation of trademark rights has been found guilty. The case involved a complaint by The Polo/Lauren Company L.P. and Tommy Hilfiger Licensing LLC. for infringement. The court found that the offense was subject to prosecution and investigation upon complaint under the Law Decree No. 556 Article 61/A-1 in effect at the time of the offense. However, the court requested a translation of the permission given by the authorized personnel of The Polo Lauren Company L.P. to the complainant's attorney via letter, fax, or e-mail to use their complaint rights in the case. The translated original or certified sample must be added to the file to allow inspection. Therefore, the case was sent to the prosecutor's office for further investigation and consideration in accordance with the unanimous decision made on 02/02/2021.The legal provision in question is the Law Decree No. 556 Article 61/A-1, which regulates the prosecution and investigation of trademark infringement upon complaint. Additionally, the court highlighted the importance of obtaining explicit permission from the trademark owner before filing a complaint in such cases.
