Compensation lawsuits in Trademark Law

Trademark is one of the absolute rights within the industrial property rights due to its nature. Trademark right; It gives the owner the exclusive authority to use the trademark and to allow and prevent the use of the trademark by others. In order for the right to compensation to arise in trademark law, acts that are considered infringement of trademark rights must be committed. Acts deemed to be infringement of trademark rights are specified in Articles 7 and 29 of the Industrial Property Law. The legal basis of compensation cases in trademark law is basically regulated in Articles 150 and 151 of the Industrial Property Law. In accordance with these provisions, persons who infringe the trademark right are obliged to compensate the damage suffered by the trademark right owner. Trademark right owner; can claim as compensation for material damage, moral damage, lost earnings and reputational damage. While the law does not specify a specific calculation method for calculating material compensation, non-pecuniary damage and reputational compensation, the law provides some calculation methods for calculating the lost earnings. According to the provision of the article, the lost income can be calculated in 3 different ways according to the choice of the owner of the damaged trademark right. These; It is defined in the law as "the possible income that the right owner could have earned if there was no competition of the infringer of the industrial property right, the net profit obtained by the infringer of the industrial property right, and the license fee that the infringer of the industrial property right should pay if he had used this right in accordance with the law with a license agreement". has been counted. In the face of the need for special protection due to the trademark right being an abstract right and being susceptible to infringement, and the difficulty of proving and calculating the damage and the amount of damage in trademark law, the legislator has accepted these alternative calculation methods specified in the law in order to overcome these difficulties. The purpose of this study is to systematically set forth the criteria to be taken into account in determining the principles of compensation and the amount of compensation to be paid in cases where the trademark right owner requests compensation in case of acts of trademark infringement. KEYWORDS Trademark right, trademark infringement, compensation due to trademark infringement, financial compensation, lost ncome.