In a recent decision of the Turkish Court of Cassation (Merit No. 2024/6138, Decision No. 2025/3800), the Court conducted a holistic comparison between a globally renowned energy drink brand and a motor oil brand, examining all aspects, from the similarity of the goods to the colors and figurative elements used in the disputed trademarks.
Background
The dispute involved, on the one side, the plaintiff’s well-known marks in the energy drinks sector – the word mark “MONSTER…
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The rapid development of artificial intelligence (AI) technologies and the widespread use of generative artificial intelligence systems also bring the need to regulate artificial intelligence. The steps taken and the issues discussed in European Union member states within the scope of the European Union’s AI Act have also begun to clarify the legal framework applicable to those systems and applications. Despite the lack of any specific regulation applicable to AI in Türkiye…
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In Turkey, absolute grounds for refusal in trademark registration are regulated under Article 5 of the Industrial Property Code No 6769 (the IP Code). According to Article 5(1)(f) of the IP Code, signs that may mislead the public about matters such as the nature, quality or geographical origin of the goods or services are one of the absolute grounds for refusal, meaning that those signs shall not be registered as trademarks.
Background
In an opposition proceeding before the…
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In recent years, the concept of “mystery boxes” or “surprise boxes” has become increasingly popular, taking a central place in the marketing strategies of many companies. While the element of surprise and intrigue offered by these products is highly appealing, it also raises various legal questions regarding whether the delivered items actually meet consumer expectations.
The Advertisement Board (“Board”), at its meeting dated September 11, 2025, placed on its agenda mystery…
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Artificial intelligence influences every aspect of our lives and creates revolutionary effects in the pharmaceutical industry as well as in many other sectors. From DeepMind's AlphaGo success to Tempus' personalized approaches to cancer treatment, AI-enabled innovations offer not only scientific achievements, but also wide-ranging advantages such as operational efficiency, cost reduction and risk reduction. However, this technological leap also raises critical questions about…
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Barely two years after its operational launch, the Unified Patent Court (“UPC”) has already begun shaping a transnational doctrine of patent infringement by equivalence. Between late 2024 and mid-2025, four landmark first-instance decisions — Plant-e v Bioo (The Hague LD), Brussels LD CFI 376/2023, Mannheim LD CFI 471/2023, and N.J. Diffusion v Gisela Mayer (Paris LD) — established, refined, and finally harmonised the analytical framework for assessing functional equivalence…
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