What Is a Domain Name Dispute?
A domain name dispute occurs when a third party registers or uses a domain name that is identical or confusingly similar to a registered trademark without permission. This is often referred to as cybersquatting—the practice of exploiting well-known brand names for profit.
Common Causes of Domain Name Infringement
- Attempting to profit from the brand’s popularity
- Redirecting traffic and trust meant for the original brand
- Holding the domain hostage to sell at a higher price
- Damaging the brand’s online presence or credibility
What Is UDRP and Why Does It Matter?
UDRP (Uniform Domain Name Dispute Resolution Policy) is a globally recognized process managed by ICANN for resolving international domain name disputes. Trademark owners can file complaints under UDRP, often through WIPO (World Intellectual Property Organization).
To succeed in a UDRP case, three key elements must be proven:
- The domain name is identical or confusingly similar to the complainant’s trademark
- The domain owner has no legal rights or legitimate interests in the domain
- The domain was registered and is being used in bad faith
How Are Domain Names Related to Trademark Registration?
In Turkey, a trademark registered through the Turkish Patent and Trademark Office (TÜRKPATENT) strengthens your claim over a matching domain name. However, trademark registration does not automatically grant rights to a domain name. Therefore, proactive registration and digital strategy are essential for brand protection.
Resolving Domain Disputes in Turkey
- Litigation or arbitration: Trademark infringement lawsuits in specialized courts
- BTK and TRABIS process: Turkey’s evolving domain registration system for .tr domains includes structured dispute resolution mechanisms
- WIPO proceedings: For international domains (.com, .net, etc.), complaints can be filed directly through WIPO
How to Protect Yourself in Advance
- Register domain names containing your trademark and its variations proactively
- Secure your trademark rights nationally and internationally
- Monitor domain registrations using alert tools
- Work with legal professionals for strategic protection
Conclusion
In the digital era, domain names have become the online storefront of every brand. Domain disputes are no longer just technical issues—they’re legal and commercial threats. To secure your digital identity and prevent misuse, seeking legal support is not optional, but essential.