Cybersquatting a brand name or a well-known person's name creates legal disputes.
Typical Scenarios
- Taking a well-known brand name as a domain
- Domain by deliberately misspelling the company name
- Taking a well-known person's name as a domain
- Offer to sell at a high price
Solutions
- UDRP (Uniform Domain Resolution Policy): International domain names (.com, .net)
- TRABİS: For .tr domain names
- Court action (always open)
UDRP Process
- Application to WIPO or similar institution
- Petition of complaint
- Domain owner response
- Arbitrator decision (4-8 weeks)
- Domain transfer / cancellation
Conditions (UDRP)
- Complainant's trademark right
- "Bad faith"of the domain owner
- No legitimate interest of the domain owner
Compensation
- Compensation is not given in UDRP (only domain)
- Compensation is possible through the court
- Trademark infringement case
TRABİS (.tr)
- Turkish Arbitration Board
- Faster
- National arbitrator
Supreme Court 11. HD
11. HD accepts that if the internet domain name conflicts with the trademark registration, a decision will be made "in favor of the brand owner" and that acquiring a domain in bad faith will be considered unfair competition.
Trademark and internet law lawyer is recommended.