What is a Name Protection Case?
In this article, I will address the "Lawsuit for the Protection of a Name" for you, my valued readers.
The protection of a name is regulated in detail in Article 26 of the Turkish Civil Code, titled "Rights Regarding a Name." Specifically:
III. Rights regarding a name
Protection of a name
Article 26 of the Turkish Civil Code states: A person whose use of their name is contested may file a lawsuit for the determination of their right.
A person whose name is used unlawfully may request that this use be terminated; if the person using it unlawfully is at fault, they may also request compensation for material damages and, if the nature of the injustice warrants it, the payment of non-pecuniary damages.
As explicitly regulated in the Turkish Civil Code, if a person's name is being used for the purpose of gaining unfair profit, the holder of the name has the right to demand an immediate end to this situation. Furthermore, a person who proves that their name is being used unlawfully may, upon proving that the user is at fault, demand compensation for material and non-pecuniary damages through a lawsuit.
A name is the most important tool that enables individuals to be recognized as distinct from one another within society. Since a name is legally a personal right, it must be protected within the framework of the law. Legal entities also possess names that require the same protection. A person's name, surname, trade name, and business name constitute their intangible heritage worthy of protection. Article 26 of the Turkish Civil Code regulates in detail that a person whose use of their name is contested has the right to determine this through legal proceedings, to demand that the party using the name unlawfully terminate this situation, and to request compensation for material and non-pecuniary damages. The protection of a name is legally guaranteed because such unauthorized use constitutes an attack on the person's personality.
A lawsuit for the protection of a name, as regulated in Article 26 of the Turkish Civil Code, must be filed against the person using the name unlawfully. Additionally, in cases where a name is used by others through illegal means, this constitutes an usurpation of the name; therefore, a lawsuit for compensation for material and non-pecuniary damages should be filed based on the prevention of an infringement.
The court with jurisdiction in a lawsuit for the protection of a name is the Civil Court of First Instance. The most important point to note here is that the purpose of the claim in a name protection lawsuit is exclusively to protect the personal right. If a request for material and non-pecuniary damages is made in addition to the protection of the personal right, the competent court changes.
If the usurpation of a name involves a commercial dispute and the use of the name of a commercial enterprise, then the lawsuit must be filed in the Commercial Court of First Instance.
The statute of limitations for filing a lawsuit for the protection of a name is provided for in Article 72 of the Turkish Code of Obligations. Specifically:
C. Statute of limitations
I. Rule
Article 72 of the Turkish Code of Obligations states: A claim for compensation is subject to a statute of limitations of two years from the date the injured party learns of the damage and the party liable for compensation, and in any case, ten years from the date the act was committed. However, if the compensation arises from an act that requires a penalty for which the criminal laws prescribe a longer statute of limitations, this statute of limitations shall apply.
The duration of the statute of limitations is specified with this provision.
In a lawsuit for the protection of a name, the plaintiff is the person whose name was usurped or their legal heirs. This matter must be proven with evidence. The defendant in a name protection lawsuit is the person or persons using the name unlawfully. Among the most important factors in filing this lawsuit is that the plaintiff, who claims their name is being used unlawfully, must prove with information and documents that they have suffered material and non-pecuniary damages due to these actions. Furthermore, if a plaintiff whose name is used unlawfully files for compensation, the court will investigate the fault of the defendant, and if the defendant is determined to be at fault based on the information and documents in the case file, material compensation will be awarded.
Since a plaintiff whose honor, dignity, and reputation have been harmed due to the unlawful use of their name has the right to demand non-pecuniary compensation, the court decides on the payment of non-pecuniary damages by accepting the existence of fault as sufficient, regardless of the severity of the fault. Before awarding non-pecuniary damages, the court conducts an investigation into the financial and social status of the defendant and the plaintiff through law enforcement. The materials to be used as evidence in a lawsuit for the unlawful use of a name include population records, commercial registry records, and the statements of witnesses who observed this unlawful use. The court also decides to conduct an expert examination to determine the amount of material and non-pecuniary damages.