Intellectual property · Legal information

How Is a Counterfeit Marketplace Listing Stopped?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A counterfeit listing on a marketplace is the putting up for sale, without permission, of the right holder's sign or design, and the platform's taking the listing down is not a court judgment. The right holder shows the right itself, the address of the listing and the date. The listing coming down does not say that the loss suffered has closed. A time is not in this text. A hold at customs is not a copy of this listing.

A platform record does not stand in for the right on the register. A screenshot shows the state of the listing at that moment. Who opened the listing, and where the payment went, does not end in every frame. If there is an invoice, it is read side by side with the seller's trade name. When there is no invoice, the trade name is not written as certain from the screen. A decision is not built before all of these documents stand.

A platform record is not a judgment

A marketplace may take the listing down in its own notice channel. This taking down does not mean the infringement was established. The listing opening again does not drop the action either. The platform's note of taking down is not read so that it will pass, by itself, into a court judgment. The note may show the moment the listing came down. The note does not show the scope of the right.

The right holder reads the sign on the register, the registration certificate, and the use in the listing side by side. The general path in a trademark stands under trademark infringement. This text separates why the listing standing on the platform stays apart from that path. The application is split in two, as the notice made to the platform and the petition that goes to the court. The two papers are not put in each other's place. A time is not written under the notice.

The listing address, the date and the register

The listing address shows the place where the product stood on the page. If the address changed, the old image and the new image are kept separately. The date shows which day's record it is. The date is not itself a time for a reply. This text does not write a day or an hour. The register shows in whose name the sign is recorded. When there is no register, a right holder is not assumed.

That the seller's trade name and the account that received the payment are the same person does not come out of the screenshot in every file. An invoice may support the trade name. If the invoice is in another trade name, the two trade names are written side by side. If the contract is between the marketplace and the seller, that contract is asked for separately. Before the contract is seen, the platform's internal rule is not read as a court decision. If a document is missing, the name of what is missing stands honestly in the petition.

Goods at the border are another door

A protection application made to customs looks at the holding of goods entering the country. A marketplace listing may stay published even if the goods are not at customs. An application at the border stands under a trademark at customs. The two doors are not each other's service. When one ends, the other does not close by itself. The decision separates which door was written.

A claim about appearance is separate from similarity of words. That comparison stands under design infringement. The photograph in the listing is placed side by side with the registered appearance. If there is no photograph, a sentence of similarity is not built. A minute also writes separately whether the product was seized. A product that was not seized does not stand in for the listing record.

A balance may stand even if the listing came down

A product that was sold, stock and a repeated listing may stay under the page that was taken down. How compensation is discussed stands under compensation in trademark infringement. This text does not invent a rate or an amount. The right holder ties the date of the listing, the price that appears and the seller's trade name to the record. The price is as much as is written on the screen. A price that was not written is not added. An invoice may also show the sale that took place.

A product on a physical shelf, and a sign in a social record, are not a copy of this listing. They are separate documents. The petition does not join the three channels in a single sentence. The closing of one channel is not treated as having closed the other. The document of the channel the application was made for is attached. A time is not written onto this balance either.

What is separated in a counterfeit listing

The listing coming down is not a judgment, and the platform record is read apart from the register. Counsel in Ankara reads from the document that the office being in Çankaya does not change the authority of the court or of the register institution. A time is not written. A customs hold does not stand in for this listing.

Conclusion

A marketplace listing coming down is not an infringement judgment and is not a customs step. The right, the listing address and the date are read together. A time is not written. The seller's identity is not treated as finished before the register and the invoice stand. The frame stands on intellectual property. The basis is Industrial Property Law No. 6769.

Legislation

Frequently asked questions

Does the action end too when the listing comes down?

No. The platform's taking the listing down is not a court judgment. The remaining sales and the stock are read separately. A time is not in this answer either.

Does a customs application take the listing down?

No. A hold at customs looks at the goods at the border. A marketplace listing is a notice of sale in the domestic market.

Is a screenshot enough?

The listing address, the date and the sign that appears are one link. The seller's identity and the scope of the right are read separately.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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