US embassy cable - 05ANKARA731

UNCLAS ANKARA 000731 
 
SIPDIS 
 
DEPT FOR EB/TPP/MTA/IPC, EUR/ERA, EUR/SE 
USTR FOR LERRION/Jennifer Groves 
USPTO FOR ELAINE WU 
USDOC FOR ITA/MAC/DDEFALCO 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, BEXP, TU 
SUBJECT:  Mars on Alleged Turkish Infringement of 
Products in Turkey and Middle East/European Markets 
 
 
1.  Evie Kyriakides, Trademark Counsel for Mars 
Incorporated, and Hoda Barakat, a partner in the Al 
Tamimi and Company law firm, called on Econoff and FCS 
Counselor in separate meetings on February 2 to seek USG 
advice and assistance with respect to alleged trademark 
infringements of Mars confectionary products by several 
Turkish companies in both Turkish and other markets. 
 
2.  Mars claims that Turkish firms Ulker, Solen, Saray, 
Simsek and Bifa have been copying Mars packaging designs 
(though not using Mars' trademarked names) in selling 
their competing products.  Mars representatives told us 
the company has repeatedly tried without success to 
reach a settlement out of court with Ulker, a huge and 
well-connected Turkish company; Mars is taking legal 
action against Ulker in Turkey as well as other markets. 
Mars noted some success in stopping infringement by 
Solen through legal action in Turkey and Germany.  Court 
cases have also been launched against Saray in Turkey 
and in other countries.  Kyriakides and Barakat did not 
quantify potential losses arising from alleged 
infringement. 
 
3.  Emboffs arranged for Mars representatives to discuss 
these issues with the American Business Forum - Turkey, 
which agreed to help the company arrange meetings with 
GOT officials.  FCS is also opening a trade compliance 
case on this issue.  As discussed with Mars 
representatives, it appears that Mars' primary avenue 
for addressing the alleged infringements lies in legal 
action or in negotiation with the Turkish companies in 
question.  Edelman