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domains Turkey: Violations Of Personality Rights With Domain Names

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The name of each website is called a "Domain Name". According to Electronic Communication Law1 the definition of domain name is made as follows: Internet domain name: The address of the computer or Internet sites on the Internet. The name that identifies the Internet protocol number used to determine2. A domain name can be created with infinity combination. A domain name specifically refers to a particular website hence forth the domain name is the identity of website. Domain names have quite important feature from the Electronic Communication Law: "The usufruct and usage rights such as internet domain names and the authorization of the operators cannot be confiscated in any way" 3. This feature shows that the domain names have significant protection by law.

In the rapidly developing world of technology, it is seen that domain names cause some problems in the legal dimension. The occurrence of both trademark copyright and personality rights violations with domain names has made this issue even more important.

Personality right violations may occur by converting the information constituting a person's first name and other personality right into a domain name by a third party4. A domain name is a right to be protected legally just like the right to personality. The relationship between domain names and personal rights violations arises in Article 26 of the Turkish Civil Code5. The article is regulated as follows:

II. Rights pertaining possession of a name

  1. Designation of a name
ARTICLE 26-The person who is subject to confusion in use of name may litigate in the competent court for establishment of his/her respective rights. A person subject to unjust use of his/her name may claim discontinuation of such act; where the person is in default due to use of the name unjustifiably, then he/she may demand recovery his/her tangible losses as well as indemnification of moral damages whichever the case may require.

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