Conflicts arising from the use of trademarks as an internet domain name with online conflict resolution method

With the increase in the user base, the internet has become a global market. Real and legal persons that want to take part in this global market have wanted to register their domain names consisting of expressions that distinguish their businesses from other businesses. Trademarks that include both distinctiveness and sign elements are preferred in domain name registrations. In the first part of this study, by explaining the trademark concept in general terms, the reason for the tendency of businesses to register their trademarks as internet domain names has been tried to be justified. Due to the first come, first served principle in global internet domain name registration system, persons are able to register the phrases related to the trademarks, even if they do not have own them, as internet domain names. For this reason, the basis of disputes arising from internet domain names is the conflicts arising from the use of trademarks as internet domain names. On the other hand, as frequently encountered in practice, in case a trademark registered in one country is registered as internet domain name by a citizen of another country, disputes may involve international character. For this reason, the online dispute resolution method, which is carried out within the framework of the UDRP (Uniform Dispute Resolution Policy), is a more effective method in resolving such disputes compared to traditional dispute resolution methods. Thanks to this online dispute resolution method, disputes are resolved in a more reasonable time and with less cost. Resolving disputes arising from trademarks with significant commercial value in a short time is an important issue for right holders. Thus, in our study, the online dispute resolution method and the application procedure for this method will be attempted to be explained with referrals to actual disputes in practice.