3D Marks At The Intersection Of Intellectual Property And Competition Law

With its decision dated 01.08.2024 and numbered 24-32/758-319, the Turkish Competition Authority (“TCA”) rendered a landmark ruling that will be debated in the literature for a long time to come with regard to the delicate balance between IP law and competition law. The TCA concluded that the relevant economic entity, by using three-dimensional (“3D”) marks owned by company under investigation (“The Right Owner”) had abused its dominant position, by excluding its competitors from the market and accordingly imposed a number of sanctions.

This decision has striking implications for trademark law practice, particularly in terms of the scope of protection afforded by device and 3D marks and whether such rights may be used as a means to circumvent competition rules. However, the most controversial aspect of the decision lies in the fact that the TCA did not limit itself to imposing an administrative fine but also ordered the withdrawal of a registered property right, despite the existence