Deals & Disputes

Deals | Istanbul – IP-TMT

Gide Loyrette Nouel Turkey, working in close cooperation with the legal, customs and police authorities in the country, has secured the first ruling in Turkey against an online auction and shopping site, www.gittigidiyor.com, a subsidiary of eBay.

The Firm, which is noted for its assistance to L’Oréal in defending the group’s intellectual property rights and reducing the number of counterfeits of its products in Turkey, had initiated several proceedings against counterfeiters who sell their products online.

Previously considered by the courts as just a web host, two recent decisions of the 11th Civil Chamber of the Supreme Court condemned the site, stating that it facilitates the acts of counterfeiters by allowing them to sell counterfeit products on its own site, while retaining profits from the transactions.

These judgments, which are in keeping with similar rulings issued by the French courts (and which were communicated to the Turkish authorities), are testimony to the Firm’s expertise in all areas of intellectual property and confirm Gide’s positions as a major player in combating counterfeiting.

Esra Dündar-Loiseau, lawyer in charge of the Intellectual Property practice at Gide Loyrette Nouel, Istanbul states, “We are delighted with the Supreme Court’s decision which supports us in condemning www.gittigidiyor.com, an online auction site and Turkish subsidiary of eBay. This decision will serve as an example in Turkey and addresses a loophole in Turkish legislation. This decision will oblige online auction and shopping sites to check that products sold on their sites are genuine.

Gide Loyrette Nouel is a leading international law firm and has been present in Turkey for over ten years. The Firm has significant experience in intellectual property litigation and represents its clients before the civil and criminal courts, particularly for disputes regarding patent and trademark law.

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