The domain name in violation of the rigths arising from the use of means of promoting

The main context of the thesis, which is called `The Domain Name in Violation of the Rights Arising From the Use of Means of Promoting? is analysis of legal conflicts as a result of new emerging concept of registration of domain names and also the probable solutions of these conflicts. In recent years domain names are subjected to many disputes. However, since a legal regulation has not been arranged yet, there are some contradictions about the rules which are used in the solution of the legal conflicts.In order to determine the judicial rules of domain names, firstly the domain name is described conceptually. Also, while its properties and elements are emphasized, the legal characterization of the domain names has been done by comparing with some similar concepts. The registration of domain name, which may be considered as a non-financial element of a company such as trademarks and trade names, is reserved by the first applicant in the worldwide. However, this situation causes problems in practical means since the rule of the ?the first applicant reserves the first? is not always an outcome of good intentions.Domain names are chosen among various concepts such as brand names, personal names, etc. in order to be remarkable. Nevertheless, they are not always registered by the real title holders. Even, sometimes the domain names may be registered in order to get some financial profits. As a result of these situations, some contradictions occurs between the owner of the trademark, personal name, etc. and the person who has registered the domain name previously. The most common contradiction in practical means is called ?Domain Grabbing?. In that case the trademarks and the personal names of well-known people are registered as domain names and later, these domain names are sold to their real owners for high prices.If the trademark or personal name is subjected to any incursion under these conditions or any unfair competition/trade occurs, it is necessary to solve the contradiction according to the general provisions. ICANN, which is the only authorized institution about the registration of domain names throughout the world, uses an application that is similar to arbitration, to solve those contradictions. On the other hand in Turkey the contradictions in the registration of the domain names are generally solved by the provisions that regulate the trademarks, personal names and unfair competitions/trades.To sum up, the theme is analysed in details under the titles that are mentioned above by using various examples.Key Words1. Domain Names2. Trade Mark3. Unfair Competitions4. Contradictions in Domain Names5. Personal Names