Analysing the Internet domain name right's legal status in Turkish law

Abstract

A domain name is a nonphysical asset like a trademark, trade name, business name, or unique sign. Registering a domain name, composed of words, letters, or numbers, grants the registrant a contractual right to its exclusive use. However, simply registering a domain name does not provide ownership rights. To acquire ownership of a domain name, the registrant must demonstrate justified use or legitimate interest in the domain name. Even without an initial justifiable or legitimate interest, utilizing the domain name to achieve distinctive authority can lead to ownership rights. A domain name comprises both absolute and contractual rights. Thus, domain names, comprising both absolute and contractual rights, can be considered a form of property right. The legal nature of domain name rights has been addressed in rulings by both the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU).