Infringement of the right to treadmark through internet advertising and responsiblity regime

The fact that the advent of internet has had a significant effect on each level of society life got accompanied by a series of problems to be puzzled out. One of those problems is the breach of trademark through internet advertisements and the conflict about how to share this liability between internet subjects. Within this research, a special emphasis has been placed on this problem and on the general state of internet service providers towards tortious liability.That people have transferred their real life operations over internet has played a fundamental role on the advancement of electronic commerce and advertising accordingly. The problems encountered in e-commerce at the very beginning had brought out such issues as the safety and security of operations carried out online, how to use personal data and the nature of the product of concern. These problems continue their existence in different natures at the present time. However it would be fair to say that now such problems encountered in the initial phase as safety and security and data protection have been partially dealt with. Thanks to this advancement in e-commerce, from daily operations to big investments millions of internet users nowadays are taking advantage of internet channel for their operations.We will basically put emphasis on three distinctive subjects throughout our research. The first of them pertains to the detection of breaches of trademark through internet channel. As stated in foreign judgments, whether to be "flexible" or not in terms of breach of trademark through internet channel is still a matter of debate. Within this section, the similarities and differences between the traditional breach of trademark and the online one will be presented. The flexible approach of USA and EU Court of Justice to the judgments of illegalities encountered in advancing technologies will be discussed within the context of breach of trademark and unfair competition.The second issue pertains to the liability regime of internet subjects in case of a contradiction to a law characterized as private law. The breach of trademark by or when-to-be held liable for unfair competition of internet service providers with no active declaration of intention on content has recently become one of the most discussed issues. The new business processes which have been developed in parallel with technological advancements have also had a great impact on the share of liability regime. In this respect, the trademark rights associated with advertisements or the liabilities arising from unfair competition of internet service providers which in particular provide technical infrastructure or content "independent" service will be further discussed.electronic commerce the Draft Law should be enforced as a special provision. And to specify one thing right after, we do not think no problems will occur in practice as a result of the similar structures of both regulations.In Turkish interim injunction practice, it has been observed that Turkish interim injunction decisions are made quite easily in conflicts to which internet service providers are parties. When Article No. 58 of Turkish Commercial Code and the new regime of the Code of Civil Procedure with regard to the interim injunctions are taken into account, now the answers of internet service provider should also be listened in any injunction to be imposed. If an injunction is to be imposed it should be at a level not to terminate the commercial life and economic freedom of internet service provider. And if possible, the injunction should only pertain to the relevant illegal elements.The commercial flow theory can be based upon in determination of the authorized law in cases of online commercial conflicts. The commercial target audience and region can be determined within this context. Therefore, in cases of conflicts with element of foreignness the international authority of court and the law to be enforced become clear.