Copying a Registered Fabric Design: Trademark Infringement, Not Unfair Competition — Final

Case Overview

A textile company discovered that a defendant in the same sector had placed fabric samples bearing a design confusingly similar to the plaintiff's registered design in a catalogue presented to potential customers. Evidence was secured via notarial inspection before the infringement action commenced.

Expert Findings

• Validity: The plaintiff's registered design is novel and distinctive.
• Infringement: The defendant's catalogue samples create a likelihood of confusion for an informed user under SMK Article 81/1.
• Damages: TRY 5,800 calculated as the defendant's net profit attributable to the infringement (SMK Art. 151/2-b).

Unfair Competition Claim Dismissed

Following Court of Cassation precedent, the court held that once an SMK-based industrial property right is invoked, a parallel unfair competition claim under Commercial Code Article 55/1-a-4 is not available for the same acts. Practitioners must choose the correct legal basis from the outset.

Key Takeaway

Design registration protects against even catalogue-level use of confusingly similar samples. However, the choice of legal ground matters: SMK design rights and TTK unfair competition cannot be stacked for the same infringing act.

FAQ

Can a fabric pattern be protected by design registration in Turkey?

Yes. SMK Article 81 covers any registered design's unauthorised reproduction, offer, sale or commercial use.

How is compensation calculated in design infringement cases?

Under SMK Article 151/2-b the defendant's net profit is the primary benchmark; the expert calculated TRY 5,800 in this case.

Disclaimer: For informational purposes only. Contact Elçi Patent for professional trademark advice.