"I Bought It from a Wholesaler" Defense Fails: 25 Counterfeit Sports Jerseys Found to Infringe Trademark
A retailer caught selling 25 counterfeit children's jerseys bearing a major sports club's registered trademark argued that the goods were purchased from a wholesaler and believed to be genuine. The court held that intent is not required for trademark infringement and ordered cessation, seizure of goods, and payment of legal costs.
This case involved 25 counterfeit children's sports kits (top and bottom sets) bearing the registered trademarks of one of Turkey's leading football clubs. The defendant retailer claimed the items were sourced from a wholesaler and believed to be authentic.
Why the "I Didn't Know" Defense Failed
Under Article 29(1)(b) and (c) of the Industrial Property Code (SMK), intent is not a requirement for trademark infringement. Whether the seller knew the goods were counterfeit is legally irrelevant. The expert report confirmed that the 25 items did not match the quality of genuine products and that no authenticity documentation was provided at the time of purchase.
Court's Ruling
- Trademark infringement confirmed and ordered to cease,
- Infringing goods seized,
- Attorney's fees of TRY 40,000 awarded against the defendant,
- Litigation costs of TRY 6,635.20 recovered from the defendant.
Key Takeaway for Retailers
Retailers and distributors bear direct liability for trademark infringement regardless of their position in the supply chain. Sourcing goods from a third party does not eliminate liability — the right to claim indemnity from the supplier is a separate legal matter.
Bakırköy 1. FSHHM — E. 2024/85, K. 2024/275, 17.12.2024
Party names and trademark details are omitted for confidentiality.