Modanisa !NEW!

Modanisa is one of the first (if not the first) multibrand online retailers in the world for this segment. According to the 2015 Reuters and Dinar Standard's Global Islamic Economy Report, modanisa.com is the most popular conservative fashion site in the world. There are online outlets of brick and mortar brands like AkerOnline.com, Armine.com. And there are online fashion retails for men and women like ShukrOnline. There are multibrand and exclusive women fashion stores like Hijup.com.

The most challenging time was the first few months of the business, convincing brands to sell online at modanisa.com and convincing producers to convert some of their styles into hijab-friendly style.

Modanisa

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modanisa.com, operated by Modanisa Elektronik Maazaclk ve Tic. A.., is an internationally-focused online store that generates eCommerce net sales primarily in Turkey as well as in the United States and the United Kingdom. With regards to the product range, modanisa.com specializes in the Fashion category, particularly in the area of Apparel. The online store was launched in 2011.

In the Fashion market in Turkey, modanisa.com is ranked #23 with > US$20m in 2022. Therefore, modanisa.com accounts for < 0% of eCommerce net sales in this category. The top stores are trendyol.com, lcwaikiki.com and hepsiburada.com.

The Settlement Agreement included three restrictive provisions:(i) negative matching obligation where the relevant keyword isadded to the list of negative words, (ii) non-targeting obligationwhere the parties agree not to target each other directly orindirectly on the online platforms and also (iii) not to bid onspecific keywords and the metagag obligation, where parties agreenot to use the relevant word either in any online advertising or inmetagag keywords. Within the scope of the first obligation,Modanisa undertakes not to target the words "sefa merve"and "sefa" and Sefamerve undertakes not to bid on thewords, "modanisa" and "nisa" in mobileapplications and/or desktop platforms, all internet media, allaccounts that are available in Turkey and globally, including allthe search engines and social media platforms. The partiesexplained their objective as ensuring that there there would be noconfusion in the advertisements put on the internet with regards totheir brands and related wordings.

In its negative clearance assesment, the TCB first evaluateswhether the Settlement Agreement was in line with the trademarkprotection that the Industrial Property Code("IPC") provides, requiring the presenceof a registered trademark. Accordingly, the TCB underlines thatsince the words "sefamerve", "modanisa" areregistered as trademarks, they will enjoy trademark protection,however, not the words "sefa" ve "nisa". Havingthat in mind, the TCB also states that, even though such registeredtrademarks do enjoy trademark protection, that doesn't meanthat all the advertisement restrictions of the registeredtrademarks are within the scope such protection. 2351a5e196