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- Title
MARKANIN SOSYAL AĞ HESAPLARI ARACILIĞIYLA İHLALİ.
- Authors
SARI, Onur
- Abstract
Social networks are important communication tools that affect the value and awareness of trademarks. For this reason, many trademarks open accounts on social networks and promote their products. However, sometimes people other than the trademark owner use the trademark as a social network username and unfairly benefit from the trademark's reputation. Registering someone else's trademark as a user name and using it constitutes a violation of the trademark right. Social networking platforms have taken various measures to prevent the unfair use of trademarks belonging to others as usernames. For example, in the case of an application on behalf of a user, the applicant is requested to submit a document stating that he has the right to use the relevant trademark. In addition, if the trademark's owner applies to the relevant platform with the warn/remove system, the platform suspends the user name. However, these measures seem to be insufficient in practice. Another problem in using trademarks as unfair usernames is the principle of territoriality. Due to the principle of territoriality, a trademark can only be protected in the countries where it is registered. For this reason, the trademark owner must either apply for registration in the relevant country or apply for registration in the context of international agreements. Therefore, there is no registration system that protects the trademark in a uniform way all over the world. However, there is such a system in domain names. In this case, a trademark registered in a country can be used by an unauthorized person as a user name in a country where it is unregistered. In our country, unregistered trademarks are protected in the context of unfair competition. In this case, even if the owner cannot benefit from the registered trademark protection, the trademark may request protection in accordance with the unfair competition provisions.
- Subjects
INTERNET domain naming system; UNFAIR competition; TRADEMARKS; TREATIES; PERSONAL names; SOCIAL networks; ONLINE social networks
- Publication
Hacettepe Law Review, 2022, Vol 12, Issue 1, p380
- ISSN
2146-1708
- Publication type
Article
- DOI
10.32957/hacettepehdf.1084880