Turkey: BULGARI Case Summary - 2012

Last Updated: 16 December 2015
Practice Guide by Deris IP Attorneys


Jurisdiction: Turkey
Subject Heading: Infringement of Trademark Rights, Unfair Competition, Request for Compensation
Case Name and Citation:

BULGARI S.p.A. and vs. Musa Vergili and Ver-De Kuyumculuk Sanayi ve Ticaret Ltd. Şti., Case No. 2011/151; Decision No. 2012/42 (4th Istanbul Court of Intellectual and Industrial Rights, March 22, 2012)

Plaintiff: BULGARI S.p.A.
Defendant(s): 1- Mr. Musa Vergili
2- VER-DE KUYUMCULUK Sanayi ve Ticaret Ltd. Şti.
Marks Associated with Goods/Services:

Plaintiff's trademark reg. BVLGARI no. 92205 covering goods in classes 3,9,14,16,18,25 and 34.

Nature of Case:

Court action instituted for the stopping of infringement of trademark rights, the prevention of unfair competition as well as determination of material, moral damages as well as damages for harming the reputation.

Overview of Decision and Ruling:

*The plaintiff claimed that he is the owner of the Turkish Trademark BVLGARI no. 92205 covering goods in classes 3,9,14,16,18,25 and 34, the trademark is also included in his company title, that the trademark is well known and that the defendant is infringing his trademark rights by manufacturing and selling counterfeit jewelry products. Such counterfeit jewelry products have been confiscated at the premises of the defendant and a penal court action is pending against the defendant company.

*The plaintiff has instituted a court action against Verde Kuyumculuk and Mr. Musa Vergili asking for both the destruction of the seized products as well as molds, the stopping of any infringement and compensation for the loss of income, as well as a preliminary injunction against the release of the seized products.

*The defendant Mr. Musa Vergili asked for the rejection of the court action as his act of manufacturing and sale of the products has not materialized since the products were not put on the market either in wholesale or retail, claiming that the defendant’s damage claims are very high and the act of counterfeiting goods has not been retained for penalty within the penal court action instituted separately.

*The court action was originally instituted before the Beyoğlu Court and after the closure of this court, has been transferred to the 4th Istanbul Court.

*In light of the evidence submitted by the parties both within the scope of this action as well as the penal action instituted before the 1st Penal Court of First Instance and of the experts report dated March 14, 2011, which are mostly in plaintiff’s favor, The Court has determined that:

  • The plaintiff is the owner of a registered trademark covering goods including “jewelry”, that defendant’s unauthorized use of the plaintiff’s trademark on jewelry goods constitutes infringement of trademark rights and unfair competition in the meaning of Articles 9, 61 and 62 of Decree Law No. 556.
  • the experts report shall be accepted and that the material damages caused by the unfair use of plaintiff’s trademark by the defendant has been calculated on basis of license fee and the amount of hypothetical license fee amounts to 115.500.- TL,
  • the defendant has used the well known trademark on low quality counterfeit jewelry goods, thereby has infringed the trademark rights of the plaintiff and in accordance with Article 62 of Decree Law No. 556, and considering the economic and social conditions as well as content of business activities of the defendants, the plaintiff has the right to claim moral damages in amount of 2000.- TL.
  • the experts report has determined that the defendant’s use of the well known trademark is on low quality goods and according to Article 68 of Decree Law No. 556 shall constitute a ground for determination of 2.500.- TL damages occurred for harming the reputation of the plaintiff’s trademark.
  • the 114 ring molds and 102 rubber molds used for the manufacturing of counterfeit jewelry products are only produced and used to print the BVLGARI trademark on the products, therefore in accordance with Article 62/1-e of Decree Law No. 556, the court shall decide on the seizure and destruction of these molds.
  • that the allegations of Mr. Musa Vergili against the claims shall be refused, since despite the fact that he has been acquitted from smuggling during the penal court action regarding BULGARI counterfeit jewelry products confiscated in his premises, the penal court action has no effect on this present court action regarding the stopping of infringement and prevention of unfair competition of plaintiff’s trademark rights and as he is the actor of the actual infringement, claims against him shall be upheld.

The Court has ruled to:

  • the acceptance of the action including claims regarding the requested amounts for material and moral damages,
  • the determination that defendants' use on the denomination BVLGARI constitutes infringement of Bulgari's BVLGARI trademark as well as unfair competition as a means of obtaining unfair advantage from the reputation of this trademark.
  • stopping and prevention of repetition of this trademark infringement and unfair competition
  • stopping the use, sales, manufacturing, distribution of the BVLGARI branded products and the tools (molds) used for producing the counterfeit products subject to this action
  • seizure of these products and molds and destruction of molds after finalization of this decision, deletion of the marks on the products
  • payment of compensation for material damages (100.000-TRY) + moral damages (2.000.-TL-) + damages for harming the reputation (2,500.-TL-) together with their rediscounted interests as of the institution of the action until the decision day by the defendants jointly.
  • publication of the decision in one of the most three well-known newspapers in Turkey after its finalization.
Importance of Case:

The decision is important in three aspects:

  • First, the decision has ordered a relatively high compensation amount when compared with the general practice in the trademark infringement actions.
  • Secondly, the decision ordered moral damages together with damages for harming the reputation, which is a landmark decision since until this decision the Courts did not order for both moral damages and damages for harming the reputation.
  • Third, despite the decision of the penal court absolving the accused; the specialized court has decided that in the civil action that the defendants’ acts constitute infringement of trademark rights and decided on compensation of damages. This shows that the courts have ordered decisions on the same subject matter without affecting each other.
Images/Description: BVLGARI
Contributing Firm: Deris Attorneys At Law Partnership
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Contact the Author?
Click here to email the Author
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Other Turkey Advice Centres
Competition and Antitrust
Privacy and Data Protection
More Advice Centers
Useful Resources
Translation by Deris Patents & Trademarks Agency Limited
Translation by Deris Patents & Trademarks Agency Limited
Translation by Deris Patents & Trademarks Agency Limited
Translation by Deris Patents & Trademarks Agency Limited
The national Turkey group for the International Association for the Protection of Intellectual Property.
Upcoming Events
This site provides access to information about meetings held at WIPO and related documents comprising a detailed meeting calendar and a powerful document search facility.
A calendar of past and future events held by the Turkish Patent Institute.
Information about events and classroom training, online training, the European qualifying examination, and other materials.
From the Annual Meeting to local forums, roundtables and digital learning, INTA's Programs and Events help you stay up to date on issues that affect your brands.
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions