24
December
2017
MURATBEY WINS THE ‘HELIX CHEESE’ LAWSUIT AGAINST KARAHALİL GIDA
The leading cheese producers Muratbey Gıda and Karahalil Çiftliği confronted each other in a lawsuit for ‘helix cheese’. The court ruled that the helix cheese was the registered trademark of Muratbey. The judgment said that the products produced and sold by Karahalil Ciftligi were counterfeit and be “recalled from the market and destroyed.”
The lawsuit “Muratbey Gıda San. ve Tic. A.Ş. v. Karahalil Gıda Hayvancılık Tarım Ürünleri” that has production plants in Catalca was concluded few days ago. In the lawsuit filed in Bakirkoy First Civil Court of Intellectual and Industrial Rights, the court ruled that the ‘helix cheese’ was the registered trademark of Muratbey Gida.
TRADEMARK INFRINGEMENT
The case petition drafted by the company lawyer Arzu Erol pointed out the significant investment made in the helix cheese. It also added that the helix cheese had a significant share in the company’s turnover and argued that the helix cheese produced by the defendant was counterfeit. The court application stated that the trademark infringement was committed causing unfair competition.
APPLICATION FOR DISMISSAL OF CASE
The defendant Karahalil defended that the cheese sold by them was not helix cheese. It also stated that the said product was produced under a license based on the registered industrial design of the person named A.S. The defense arguing that no trademark infringement took place requested the dismissal of the case.
COURT EXPERT: COUNTERFEIT
The court referred the file to a commission comprised of three experts. The experts’ report stated that the helix cheese was the original invention of Muratbey Gida. The report also added that the said product was produced as an innovative product by going beyond the existing conventional production as a design. The product produced by Karahalil Gida was defined as a counterfeit of Muratbey's product.
RECALL AND DESTROY
The court adjudicated the case following the submission of the experts’ report. The reasoned decision ruled that the product also exported by Karahalil was counterfeit. The decision stated that the design rights were infringed causing an unfair competition. The court ruled that the counterfeit products be recalled and destroyed. The litigation expenses were charged to the defendant party.