What is a Name Protection Case?
What is a Lawsuit for the Protection of Name?
In this article, I will talk to my dear readers about the “Lawsuit for the Protection of Name.”
The protection of a name is regulated in detail in Article 26 of the Turkish Civil Code, titled "Rights regarding the name." Namely;
III. Right regarding the name
Protection of the name
Article 26 of the Turkish Civil Code; A person whose right to use their name is disputed may file a lawsuit for the determination of this right.
A person whose name is used unjustly may request that such use be terminated; if the person using it unjustly is at fault, they may also request compensation for material damages and, if the nature of the injustice suffered requires it, payment of moral compensation.
As clearly regulated in the Turkish Civil Code, if a person's name is being used for the purpose of gaining an unfair advantage, the owner of the name has the right to demand that this situation be terminated immediately. Furthermore, a person who proves that their name is being used unjustly may file a lawsuit to demand compensation for material and moral damages if they prove that the person using it is at fault.
A name is the most important tool that allows individuals in society to be recognized as distinct from one another. Since a name is legally a personal right, it must be protected within the framework of the law. Legal entities also have names, which must be protected in the same manner. A person's first name, surname, trade name, and business name are intangible assets worthy of protection. Article 26 of the Turkish Civil Code regulates in detail that a person whose name is subject to dispute has the right to determine this situation through a lawsuit, to request that the person using the name unjustly terminate this situation, and to demand compensation for material and moral damages. The protection of a name is legally guaranteed as it constitutes an attack on a person's personality.
A lawsuit for the determination and protection of a name, as regulated in Article 26 of the Turkish Civil Code, must be filed against the person who is using the name unjustly. Furthermore, in cases where a name is used by others through unlawful means, a usurpation of the name occurs, and in this case, a lawsuit for material and moral compensation must be filed due to the prevention of infringement.
The court authorized for 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 request section of a protection of name lawsuit should only aim to protect the right of personality. If a claim for material and moral compensation is made in addition to the right of personality, the competent court changes.
If the usurpation of a name constitutes a commercial dispute and is committed by using the name of a commercial enterprise, then the lawsuit must be filed in the Commercial Court of First Instance.
A statute of limitations has been provided for in Article 72 of the Turkish Code of Obligations for the filing of a lawsuit for the protection of a name. Namely;
C. Statute of limitations
I. Rule
Article 72 of the Turkish Code of Obligations; A claim for compensation is time-barred upon the expiration of two years from the date the injured party learns of the damage and the person liable for compensation, and in any case, upon the expiration of 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 amount of the statute of limitations is specified with this provision.
The plaintiff in a lawsuit for the protection of a name is the person whose name was usurped or their legal heirs. This matter must be proven with evidence. The defendant in a lawsuit for the protection of a name is the person or persons who are using the name unjustly. One of the most important issues in filing this lawsuit is that the plaintiff, who claims that their name is being used unjustly, must prove with information and documents that they have suffered material and moral damages due to these actions. Furthermore, in the event that the plaintiff whose name is used unjustly files a compensation lawsuit, the court will investigate the defendant's state of fault, and if it is determined through the information and documents in the case file that the defendant is at fault, the court will rule for material compensation.
Since the plaintiff, whose honor, dignity, and reputation have been damaged due to the unjust use of their name, has the right to claim moral compensation, the court decides on the payment of moral compensation by accepting the existence of fault as sufficient, regardless of the severity of the fault. Before the court rules on moral compensation, the police conduct a financial and social status investigation of both the defendant and the plaintiff. Materials that can be used as evidence in a lawsuit for the unjust use of a name include population records, trade registry records, and the statements of people who witnessed this unjust use. The court also decides to conduct an expert examination to assess the material and moral compensation.