In short
If sales continue after a formal notice, the place that is looked at is the service annotation of the notice and the date of the receipt or the advertisement after this annotation. The notice is not itself the damages. If there is no service, the notice is not treated as learned of. A multiple and a rate are not in this article. A later receipt does not destroy the earlier notice. The notice having been badly written does not erase the receipt either.
There is no date without a service annotation
The notice should write the mark, the goods, and the request to stop. A good that is not written, if it stands on a later receipt, does not enter the scope of the notice of its own accord. The service annotation shows which day the other party saw it. While there is no annotation, the sentence “we sent it” does not build a date. The notice day is not frozen on a paper without an annotation.
The frame of damages sits in the record on damages in trademark infringement. That calculation is not rewritten here. A multiplied amount is not put in place of the service annotation. The day on the annotation is the record in the file. If the day is faint, a faint record is not completed into a particular date.
The goods in the annex of the notice
If the notice is a printed text, the registration and the product photograph in its annexes show which right the text rests on. If there is no annex, the basis can remain as a general sentence of anger. If a later receipt shows another good, that good is not counted as within the scope before it overlaps with the photograph in the annex of the notice. The overlap is described. While there is no description, not every sale is written inside the notice.
An invoice can carry the name and the date of the good that was sold. If the date on the invoice is before the service annotation, that invoice is not read as a later sale. An invoice after the annotation, if it carries the same sign, is a second record. If the sign is different, the invoice does not take the place of the good in the annex of the notice. The scope does not widen before the document shows which good was sold.
The later receipt and the advertisement
A receipt after service can show that goods with the same sign were sold. If the advertisement is still published, the advertisement date is a second record as well. A marketplace advertisement sits in the record on a counterfeit listing. Goods on the shelf sit in the record on a shop. A social advertisement sits in the record on a counterfeit in a social advertisement. The three channels are not memorised as the same day. Each has its own date.
If the product will disperse, a finding sits in the record on preservation of evidence. The finding minute is not a copy of the service annotation of the notice. The minute shows the goods at that moment. Stock from before the annotation and a sale after the annotation are not mixed in the same petition. The petition cannot add a day that was not seen.
A good that does not overlap is outside the scope
If a later sale carries another sign, the notice is not treated as having stopped that sign. A resemblance of colour does not build scope without the photograph in the annex. The decision is read from whether the two images overlap. While there is no overlap, the sale continuing does not enlarge the infringement of the notice of its own accord.
A sale made before the notice was served does not, by itself, build a claim of knowledge. Knowledge is read from another document. A date is not invented while there is no document. The other party’s reply writing does not take the place of the service annotation either. The reply carries only its own date.
If the same sign stands on more than one shelf, each shelf’s own receipt is read. One shop’s receipt is not written as the date of a sale in another province. If the hour on the receipt and the moment the advertisement went live differ, the two moments are not mixed. The title of the person who opened the advertisement is compared with the addressee of the notice. If the title is different, the later sale is not written to the addressee of the notice of its own accord. The receipt of a person who is not the addressee stands as a separate document.
A stock list does not take the place of the receipt. Even if a quantity is written on the list, the quantity is not memorised as a number sold after service. Which quantity went out after which day is shown with a receipt or a dispatch note. While there is no dispatch note, the quantity is not produced from the photograph in the annex of the notice. The photograph describes the good. The quantity is in the sale document. While there is no document, a multiple or a rate is not written either.
Where a later sale is read from
An Ankara lawyer reads from the service and the sale document that the office being in Çankaya does not change the court of the infringement action. If the notice day is not on the annotation, it is not written, and a multiple or a rate is not added. A later sale is not treated as built until the invoice, the advertisement, and the service stand side by side.
Conclusion
In a notice file, the place that is looked at is the date of service and the date of the later sale. A multiplied amount is not invented from this order. If there is no annotation, the day is not frozen. The frame sits on the intellectual property page. The basis is the Industrial Property Code No. 6769.