Criminal Actions
“LONGCHAMP” Trademark
JEAN CASSEGRAIN (S.A.S.) vs. ISMAIL KUCUKARSLAN
1st Penal Court of Istanbul on Intellectual and Industrial Rights
(*) Case no.2003/1165 – Decision no.2005/792 (May 11, 2005)
In the action (*) against shop keeper/retailer dealing with and selling counterfeit goods carrying the trademark “LONGCHAMP”, upon complaint filed by the plaintiffs to the Public Prosecutor, the police raids effected upon his order resulted in the seizure of counterfeits in their premises upon which the Public Prosecutor instituted the criminal actions against him.
In its decision (*), the Criminal Court, ruled, on the basis of an experts’ opinion and on the basis of the evidences gathered that the goods seized in the defendant’s business premises infringe the registered trademarks of the plaintiffs and considering that the infringement has been committed knowingly ordered the definite seizure of the confiscated counterfeit goods found in the defendant’s business premises and applied the favorable amendment of Article 61-A/C of the Decree-Law which came into force on June 26, 2004 after the date of the crime and condemned the defendant to:
* 27.000.- TRY (USD= 20.219.-) heavy fine
* The closure for 1 year of the business premise
* Ban the exercise of professional activity for 1 year
The court has mitigated the above penalties considering the confession of the defendant that the goods are counterfeit and condemned the defendant to:
* 22.500.- TRY (USD= 16.849.-) heavy fine
* The closure for 10 months of the business premise
* Ban the exercise of professional activity for 10 months
The Court (*) also ordered the definite seizure of the confiscated counterfeit goods found in the business premises of the infringer.
The Court (*) suspended and remitted to the future the serving of the penalties as, on the basis of the behavior during the proceedings of the defendant, it has been convinced that the defendant is not likely to commit a similar offence in the future.