Mars on Alleged Turkish Infringement of

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