In a recently published decision, the Court of Appeal 11th Civil
Chamber ("Court of Appeal") quashed the
First Instance Court's decision to decline a plaintiff's
preliminary injunction request. The plaintiff claimed that the
defendant's website would appear in the search results when the
plaintiff's trademark and/or domain name was entered into a
popular search engine. The Court of Appeal found the expert report
available to the First Instance Court during determination of
evidence had established grounds for granting the preliminary
The plaintiff claimed that the defendant is infringing trademark
rights by using the plaintiff's trademark as a search engine
key-word. The plaintiff claimed the defendant receives more visits
to its website as a result and has increased its sales, causing
revenue loss for the plaintiff as well as creating unfair
competition. The plaintiff sought a preliminary injunction to cease
continued infringement while the court heard the plaintiff's
The defendant claimed it was not using the plaintiff's
trademark as a key-word and accordingly sought rejection of the
action and preliminary injunction request.
The First Instance Court rejected the plaintiff's
preliminary injunction request, stating that the situation requires
judgment and did not fulfill the legal requirements for granting a
preliminary injunction decision. The plaintiff appealed to the
Court of Appeal.
The Court of Appeal quashed the First Instance Court's
decision on the basis that during the determination of evidence
process, the expert report indicated that when the plaintiff's
trademark was typed into the relevant search engine, the
defendant's website appeared in the search results. The Court
of Appeal held that the circumstances met the requirements for
ranting a preliminary injunction (Article 76 and 77 of Decree Law
556; Article 389 of the Civil Procedure Law).
Case reference: Yarg. 11. HD. 30.04.2013, 2013/5646 E.,
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