Domain Name Disputes

What is a Domain Name?

A domain name is a unique string of characters used to identify websites and services on the internet. Serving as a more comprehensible form of IP addresses, domain names consist of two main components: the Top-Level Domain (TLD) and the Second-Level Domain (SLD).

• Top-Level Domain (TLD): This refers to extensions such as ".com", ".org", or ".tr". These extensions indicate the purpose or geographical location of the domain. For example, ".com" is used for commercial entities, ".org" for organisations, and ".tr" for websites in Turkey.
• Second-Level Domain (SLD): This typically includes the name of a company, brand, or organisation and, when combined with the TLD, forms the complete domain name (e.g., "novahdb.com").

Domain names are registered globally by authorised entities and are subject to legal regulations. Domain name registration can lead to disputes involving trademark rights or unfair competition.

What are Domain Name Disputes?

Domain name disputes arise from disagreements related to the registration or use of a domain name. These disputes often stem from bad-faith registrations or trademark infringements.

1. Trademark Infringement: A person or organisation may register a domain name similar to an existing trademark, infringing on the trademark owner’s rights. In such cases, the trademark owner may seek to have the domain name cancelled or transferred to them.
2. Bad-Faith Registration (Cybersquatting): This involves the registration of domain names resembling famous or well-known trademarks with malicious intent, such as profiting unfairly from the trademark’s value. Bad-faith registrations often aim to sell the domain at a high price.
3. Reverse Domain Name Hijacking: This occurs when a trademark owner attempts to unlawfully seize a legitimately registered domain name from its rightful owner.

Resolution of Domain Name Disputes in Turkey

In Turkey, domain name disputes are resolved under the Internet Domain Name Regulation issued by the Information and Communication Technologies Authority (BTK). This regulation establishes the rules for domain name registration and use and provides a Dispute Resolution Mechanism (UDRP) to address conflicts.

Disputes are generally resolved quickly and efficiently. Arbitrators assess whether the registered domain name conflicts with trademark rights, whether the domain name owner has a legitimate interest, and whether the registration was made in bad faith. The outcomes may include the transfer, cancellation, or adjustment of the domain name, and the decisions are binding on the parties involved.