Evidence of brand infringement is the set of records showing that your brand was used without permission, together with where, when and by whom. For an online infringement in Türkiye, that means the listing link and a full-page screenshot, the date and time of the capture, the seller's identifying details, your registration certificate and, where needed, a test purchase and a notarial record. For a platform complaint, a tidy system record is usually enough; where litigation is likely, the record is strengthened by a notary or the court. Your lawyer decides which evidence is sufficient.
In what order should you collect evidence?
- Have your title ready. The registration certificate issued by TÜRKPATENT, and the classes of goods and services it covers, are the basis of the file.
- Capture the listing as soon as you see it. Take a full-page screenshot showing the full address bar, product title, price, images and seller name, and keep the original file.
- Note the date and time. The file should show when the capture was made and by whom.
- Add the seller's details. Record the trade name, business name or registered trademark, KEP address and MERSİS or tax number shown on the store page.
- Compare with the genuine product. Note the differences from your official images, packaging and product range.
- Make a test purchase if needed. The product itself, its invoice, the shipping record and photos of the packaging go into the file.
- Get an official record in important cases. If a lawsuit or criminal complaint is likely, decide with your lawyer on a notarial e-Tespit or a court-ordered preservation of evidence before filing the platform complaint.
- Organise and keep the file. A one-page summary, then the records in date order; the outcome of the complaint and any seller objection stay in the file too.
Is a screenshot enough on its own?
A screenshot can be submitted as evidence: Article 199 of the Turkish Code of Civil Procedure (Law No. 6100) treats photographs, images and electronic data as documents. But under Article 198 the judge weighs evidence freely, and the other side can challenge the accuracy of a capture.
The weak point is that a screenshot alone proves little. Without the address bar it is unclear which listing it shows; without a date, when it was taken; without the original file, whether it was altered. A good record answers those questions from the start. The legal weight of screenshots and how they compare with notarial e-Tespit are covered in can a screenshot be used as evidence?.
Why do date and time matter so much?
Because listings change and disappear. Sellers change prices, titles and images; marketplaces remove listings after complaints. Dated records show that the infringement existed at a given moment and how long it lasted. Captures of the same listing on different days show it was not a one-off. First-seen and last-seen dates also help you spot a seller returning under a new account after a listing was closed.
Where do seller details come from?
Under Article 5 of the Turkish e-commerce intermediary regulation, a merchant selling on a marketplace must show, in the space the marketplace assigns to it, at least one of its trade name, business name or registered trademark, its KEP address, and its MERSİS number (for companies) or tax number (for tradespeople). These details usually appear on the store page.
Seller details do two jobs. They identify the right party for the complaint and any cease-and-desist letter, and they can show that stores on different marketplaces belong to the same business. For an independent online shop, the same article requires the site to show its trade name, address and contact details under a "contact" heading.
Mind personal data: record seller and account details only as far as brand protection requires.
Which evidence must be lawfully obtained?
Under Article 189 of Law No. 6100, unlawfully obtained evidence cannot be considered by the court. Logging into someone else's account, taking content from a closed group without permission or posing as someone else to gather information are therefore risky shortcuts. Public listing pages, a test purchase made as an ordinary customer and official records are safe routes. If in doubt, ask your lawyer about the method.
When do you need a notarial record or a court preservation order?
Notarial e-Tespit. Article 198/A of the Notaries Law (Law No. 1512) allows notaries to record states, images and data in the electronic environment. On the e-Tespit portal of the Union of Turkish Notaries, the process starts with an e-Devlet login: the pages and files to be recorded are saved, an application number is issued, and a notary of your choice prepares the e-Tespit report. The portal states that the process is not valid until that report is prepared.
Court preservation of evidence. Under Article 400 of Law No. 6100, a party may ask for an inspection or expert examination to record a fact it will rely on in a future lawsuit; the risk of the evidence being lost counts as a legal interest. Article 403 allows this without notifying the other side where necessary. Article 150 of the Industrial Property Code also lets the right holder, before bringing a damages claim and in order to secure evidence, ask the court to order the party liable to submit documents on the use of the industrial property right.
Not every listing needs a notarial record. Keep these routes for sellers likely to face a lawsuit or criminal complaint, high-volume cases, products with a health or safety risk, and repeat sellers. Timing matters: where litigation is likely, the record is made before the platform complaint.
How should the evidence file be organised?
| Section | Contents |
|---|---|
| Summary | Registration, grounds, seller, detection date, outcome sought |
| Listing records | Link, full-page capture, timestamp, price, first and last seen |
| Seller | Trade name, KEP, MERSİS or tax number, stores on other channels |
| Comparison | Differences from the genuine product, note matching the registered class |
| Physical evidence | Test purchase, invoice, shipping record, packaging photos |
| Official record | Notarial report or court record |
| Case history | Complaint date and outcome, seller's objection documents |
With this structure your lawyer can go straight to assessment instead of building the file from scratch.
How does Authex collect evidence?
Authex is our product. Authex is an online brand-monitoring platform that detects unauthorised use of a brand across marketplaces, social media, ads and domains, collects the evidence and reports it. Each finding is gathered into an evidence file with a screenshot, a timestamp, the source link and the seller's details; captures are dated with the server time, a SHA-256 digest of each evidence file is kept for integrity checks, and first-seen and last-seen dates are recorded. For each finding it prepares the evidence file and a draft notice; the brand's team or its lawyer decides whether to file it and files it. For evidence to be used in court, the Authex record works as preparation for a notarial record: it shows which findings are worth having recorded. See technology.
Frequently asked questions
Is a notarial record required for a platform complaint?
No. Law No. 6563 requires the complaint to rest on information and documents showing the infringement and to include product details and the grounds for removal; it does not require a notarial record. If litigation is likely, discuss with your lawyer whether to make a notarial record before filing.
Why does a test purchase matter?
It puts the product in your hands. The invoice and packaging can be compared with the documents the seller will produce in an objection, taking the counterfeit claim beyond a screen capture.
What if the seller's identity is not shown on the listing?
Marketplace merchants are required to show their trade name, KEP address and MERSİS or tax number. If those details are missing, record that too, and discuss with your lawyer how to identify the seller.
How long should the evidence file be kept?
The law sets no specific period for this file. Since a returning seller's history is read from it, keep it after the case closes and agree the period with your lawyer.
This article is general information, not legal advice. Your lawyer decides which evidence is sufficient in a specific case.
Sources
- Code of Civil Procedure No. 6100, Articles 189, 198, 199, 400 and 403 (Turkish)
- Notaries Law No. 1512, Article 198/A (Turkish)
- Union of Turkish Notaries, e-Tespit portal (Turkish)
- Industrial Property Code No. 6769, Article 150 (Turkish)
- Regulation on E-Commerce Intermediary Service Providers and E-Commerce Service Providers, Official Gazette, 29 December 2022, No. 32058, Article 5 (Turkish)
- Law No. 6563 on the Regulation of Electronic Commerce, Article 9 (Turkish)
