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- Title
HAKSIZ REKABET VE MARKA HUKUKU AÇISINDAN DİJİTAL EKONOMİNİN YENİ BİR İŞ MODELİ: ŞİKÂYET SİTELERİ.
- Authors
PINAR, Üyesi Hamdi
- Abstract
With the digital economy, many different new business models have arisen. One of the new business models is complaint sites in Turkey. Everyone can anonymously post comments about companies or their products on the complaint sites and also under the names or brands of these people. It is generally accepted that those who write these complaints are consumers, everyone can sign up easily and free of charge, and the complaints written under the brand on these sites are available for everyone to read. However, the respondents only have the opportunity to respond to comments of these sites in exchange for a paid membership. Therefore, complaint sites have become controversial in terms of unfair competition and trademark law. Recently, numerous court decisions have been made that contradict with each other. In this study, it is examined whether complaint sites itself infringes good faith under the Art. 54 of TCC and whether the use of trademarks belonging to others on these sites is also an infringement of the trademark.
- Subjects
TURKEY; UNFAIR competition; TRADEMARK infringement; BUSINESS models; ANTITRUST law; CONSUMER complaints
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2020, Vol 36, Issue 2, p121
- ISSN
1300-1396
- Publication type
Article