The defendant company strongly emphasized that it was using the trade mark within Turkey by internet broadcasting or via satellites internationally.

The first instance Court clearly stated that

1-      Determination of broadcasting includes not only national broadcasting but also “transmission of television programme services via all transmitters, internet, cable or satellite” outside the country,

2-      As per article 14 of the Turkish Trade Mark Decree Law, there is no mandatory rule for producing the services within Turkish borders,

3-      Considering technological development and the nature of broadcasting services, the company's TV channels are easily viewed by a general public in Turkey even though its TV channel did not operate nationally,

4-       A significant number of online users from Turkey reached the company's websites which operated outside Turkey,

5-      There was no need for classical television broadcasting methods, since internet broadcasts outside Turkey also met the use criteria under the law.

The plaintiff appealed the decision, which has now been upheld by the Court of Appeal.The plaintiff tried to overcome the decision by making a request for its rectification; however the Court of Appeal upheld the decision again and the decision was thus finalized by the Court of Appeal.