Trademark Reputational Compensation Under Turkish Law

This article examines the concept of infringement and compensation for reputation damage under Article 150/2 of the Turkish Industrial Property Law (SMK).It discusses the misuse or improper use of a trademark and how it may lead to compensation claims if it results in damage to the brand's reputation.It emphasizes that infringement of trademark rights alone is insufficient for claiming compensation for reputational damage; there must also be misleading or improper use of the trademark.The article highlights that mere likelihood of confusion is not enough; there must be misuse that directly impacts the trademark's reputation with an economic purpose.Examples such as the sale of counterfeit products of globally recognized brands illustrate scenarios that could warrant reputational compensation.The discussion extends to the value of a brand's reputation and how it is built over time through significant investments.It acknowledges that reputational damage can cause both material and immaterial losses to trademark owners.Judicial decisions, particularly from the Court of Cassation, suggest that reputational compensation encompasses elements of both material and immaterial damage but should be treated as a distinct category.In conclusion, the article asserts that reputational compensation can be sought when infringement involves improper or misleading use, highlighting the necessity to rebuild the brand's positive image and trust.