Intellectual property · Legal information

What Happens If a Counterfeit Appears in a Social-Media Advertisement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a counterfeit product appears in a social-media advertisement, the place that is looked at is the advertisement record, the page that opened, and the seller's trade name. The right holder ties to a document the date the advertisement appeared, the page that opened when it was clicked, and the sign on the goods. These three stand on separate lines. The platform's taking the listing down is not a finding of infringement. A listing that came down does not erase the record of the earlier display. A fake profile is not another name for this record. An account name and the goods that were sold are not melted in the same examination, and a rate is not written into this record either.

The advertisement record carries a date

A date and a text stand in the advertisement library or in the screenshot. If the text carries your mark, the sign is described, and the moment the image was cut is written too. If the page that opens on a click goes to another seller, that trade name is written. If there is no trade name, a seller is not invented from the advertisement sentence. A profile that imitates you as an account name stands in the account of a fake account, and a marketplace listing stands separately in the text on a counterfeit listing. A physical shelf is in the account of a shop shelf, and the advertisement record is not the stock list of that shelf. A screenshot does not stand in for a warehouse count either.

The seller and the advertising account are separated

The account that receives payment and the account that placed the advertisement may not be the same person. If the shipment has no trade name, the seller is not built from the advertisement text, and a username is not treated as a trade name. How compensation is spoken of is in the account of compensation for trademark infringement. This text sets no rate and chooses no percentage. The same goods returning with a new advertisement after the advertisement came down does not erase the first record. The two dates are separate lines. A notice made to the platform shows a time stamp. The notice is not a statement of claim that has gone to court, and the petition is built separately.

The record does not stand in for the judgment

If a counterfeit appears in a social advertisement, the screen record, the page that opened, and the payment name are set side by side. The petition is not treated as having arisen by itself from the listing the platform took down. If there is no date in the application papers, it is not drawn which display is in debate. That the office is in Çankaya does not choose the competent authority in this dispute. The province where the advertisement appeared does not by itself build the seller's address either. A decision is not written without the advertisement image and a document belonging to the seller. A screen name is not pasted in place of this document either.

The same goods may return under a new identity

The same product returning the next day under a new advertisement identity does not make the first notice of no effect. If the identity stands on the screen, the two records are kept apart. If there is no number, the date and the text are enough. If an invoice or an order printout shows the seller, it is placed beside the image, and if the trade name on the printout conflicts with the advertisement sentence, the conflict is written. The record does not by itself invent the seller's trade name. A display name or a username is not a trade-name document either. If the first record stands, a later taking-down is not treated as having destroyed the earlier display. The two dates remain side by side.

The statute does not put a rate into this text

The Industrial Property Code No. 6769 carries the frame of protection of a trademark. In a social-advertisement file, the record and the seller are looked for first. The concrete measure of compensation is in the neighbouring account, and a percentage is not added to this body. A number of impressions is not chosen here either. If the set of documents is incomplete, it is not announced whom the counterfeit goods belong to. The word in the text box alone does not build the seller. A notice to the platform is not pasted in place of a statement of claim. The hour of the notice is not the date of the judgment either.

Conclusion

In a social-advertisement file, the place that is looked at is the advertisement record, the page that opened, and the seller's trade name. A fake profile does not stand in for this record, and a screen name is not a seller's document either. The platform's taking it down does not erase the earlier display, and there is no rate in this text. A new advertisement identity does not destroy the first record either, and a username is not treated as the seller's trade name. The frame sits on the intellectual property law page. Without a date and a seller's document, it is not said whom the advertisement belongs to. A username does not close this lack. A listing that came down has not erased the earlier record, and a screen name is not treated as a trade-name document either.

Legislation

Frequently asked questions

Is having the advertisement taken down by the platform a lawsuit?

The platform's taking the listing down under its own rule is not a court judgment. A listing that came down does not erase the record of the earlier display. The door of a lawsuit is read separately.

Is our fake account this subject too?

No. A profile that uses your name is in a separate text. What is read here is the record of the advertisement that sells the counterfeit goods. The two may be seen on the same day.

What if the seller behind the advertisement is not clear?

The page that opened, the payment name, and the shipping information may show the seller. If none of them is there, the image of the advertisement does not stand in for the seller's name.

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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