CONVERSE CASE SUMMARY
|Subject Heading:||I.F. Famous and Well-known Marks|
|Case Name and Citation:||
CONVERSE INC. vs ARA SAAT ELEKTRONIK ITHALAT TIC. LTD. STI., Case No. 2007/102; Decision No.2009/191 (4th Istanbul Court of Intellectual and Industrial Rights, October 21, 2009)
ARA SAAT ELEKTRONIK ITHALAT TIC. LTD. STI.
|Marks Associated with Goods/Services:||
Plaintiff's well-known trademark no111005 “CONVERSE” covering goods in classes 18 and 25 and defendant’s trademark registration no.2005 09369 “CONVERSE” in classes 9 ,14 and 16.
|Nature of Case:||
Court action instituted for cancellation of defendant’s trademark registration no.2005 09369 “CONVERSE” on the basis of its similarity and risk of confusion with plaintiff’s well-known trademark and defendant’s bad faith.
|Overview of Decision and Ruling:||
*The plaintiff claimed that they are the right owner of the registered trademark CONVERSE in Turkey since 1979 which is a well-known trademark that defendant’s registration has been filed in bad faith and therefore shall not be protected and requested from the Court to order the cancellation of defendant’s registration no. 2005 09369 “CONVERSE” and stopping the use and advertisement of this trademark by the defendant.
|Importance of Case:||
Defendant’s trademark identical to plaintiff’s worldwide well-known trademark was rejected even in respect of different classes and despite the fact that plaintiff’s trademark was not listed among the well-known trademarks list of the TPI at the date of court’s evaluation.
|Contributing Firm:||Deris Attorneys At Law Partnership|