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Hermes v Hermes: Turkish bookshop marks win in copyright fight

Ümit Nar, owner of the Hermes bookshop, poses in İzmir, on February 6, 2014. He is being sued by the French luxury brand Hermès, which wants to prevent him from using the name of the Greek god for his shop. Nar argues that he has been in business for 15 years and never once been mistaken for a French luxury goods maker. (Photo by MERT CAKIR / AFP)

A bookseller in Turkey notched a victory over a French luxury house in a copyright battle to be able to call itself Hermes, Agence France-Presse reported, citing the shop’s lawyer on Tuesday, hailing an infrequent win against a major brand.

An Ankara court ruling partially voided a decision by TurkPatent, Turkey’s intellectual property authority, that prevented any brand other than Hermes Paris from using the name Hermes.

“Hermes is a god in Greek mythology who belongs to the cultural heritage of humanity. He should not be owned by a company. This is an important decision in that sense,” the bookseller, Ümit Nar, whose shop is in the western city of İzmir, told AFP.

The shopkeeper pointed out that the deity is closely linked to the ancient history of Smyrna — İzmir’s old name — on the Aegean coast, where many Greek myths are set.

Hermes fashion house did not immediately respond to a request for comment.

The court has not yet made its reasoning public, said the bookseller’s lawyer, Hilmi Güllü, who added that the ruling was a “victory.”

“Multinational firms like Hermes have an aggressive trademark registration policy, beyond their own industries. This verdict paves the way for saying no to these practices,” Güllü said.

The case stretches back to December 2021, when the Turkish retailer sought to register a trademark for his 15-year-old bookshop.

A representative for the French company initiated legal proceedings against TurkPatent and took the case to court to ban the retailer from using “Hermes” in its brand name and any marketing materials.

Hermes fashion house emphasized the “similarity and risk of confusion” between the two names despite the different business sectors, arguing it is also active in publishing through its magazine.

“They would’ve been right if our sectors were similar, but that’s absolutely not the case,” said Nar.

The book dealer will still appeal the decision, as “the court has not ruled on the risk of confusion between the two brands in terms of audience and general impression,” the lawyer said.

“I hope that this verdict will help set a precedent for cultural heritage and multinational firms,” Nar said.

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