Everything you need to know about domain name protection

A domain name is the first step toward building an online identity, one that calls for enhanced safeguarding through domain name protection.

It is therefore essential to understand the ins and outs of domain name protection.

This article answers the most common questions on the subject.

Why register your own domain name?

Having your own domain name lends credibility and professionalism to your website.

It is your business's address on the Internet, allowing customers to find you easily.

It also boosts SEO (Search Engine Optimization), thereby improving your site's visibility on search engines.

Who can buy a domain name?

Anyone can buy a domain name: businesses, individuals, non-profit organisations, and so on.

The process is straightforward and generally goes through an accredited domain registrar.

How does buying a domain name work?

A domain name is purchased through domain name registration service providers, such as OVH, GoDaddy or Namecheap.

These providers allow you to check the availability of domain names, purchase them and manage them.

How do you secure a domain name?

Securing a domain name involves several steps.

• First, use strong passwords for your domain registrar account.
• Next, enable domain locking to prevent unauthorised transfers.
• Finally, consider using WHOIS protection services to hide your personal information from public searches.

It should also be noted that, when it comes to domain names, the “first come, first served” rule applies to the allocation of domain names, which can give rise to disputes.

Indeed, this practice sometimes encourages the improper or unjustified occupation of terms that could be used as domain names.

In some cases, this can amount to cybersquatting, which is the fraudulent occupation of domain names.

Such situations are problematic where the holder of the name creates a monopolisation that may be regarded as unjustified, thereby blocking everyone who might have legitimate reasons to use the term.

This was clearly expressed by the Nanterre court in a judgment of 13 March 2000. In that case, the use of the Guy Laroche trademark name as a domain name on the internet was held to be prejudicial to the company Parfums Guy Laroche. This unlawful use prevented the company from registering the domain name, an essential tool for promoting its products abroad and ensuring its international communications.

Is a domain name valid for life?

No, the registration of a domain name is not for life.

It is generally done for a period of one to ten years and must be renewed before it expires in order to maintain your rights over the domain.

For example, Sanmay Ved, a former Google employee, managed to buy the domain name Google.com for just 12 dollars thanks to a glitch on Google Domains. On 29 September, Ved noticed that Google's domain name was up for sale. Intrigued, he decided to buy it, convinced that the sale would be blocked by the system.

Against all expectations, the sale was validated and finalised by Google Domains, Google's domain name sales service. Ved even confirmed the successful transfer on his Google Webmaster Tools console, which allowed him to access messages addressed to the holder of the Google.com domain name. This incident underscores the importance of properly securing and monitoring domain names, even for large companies like Google.

How do you prove ownership of a domain name?

Proof of ownership of a domain name can be obtained by consulting the domain's WHOIS information, which contains details about the registered owner.

WHOIS is a query and response protocol widely used to interrogate databases that store the registered users or assignees of an Internet resource, such as a domain name or an IP address.

This protocol is used to provide information about the ownership of a domain, including the owner's name, organisation, address, server name, the domain's creator, and the registration and expiry dates.

You can also produce invoices for the purchase or renewal of the domain.

What legal protection is granted to a domain name?

A domain name, where it corresponds to a registered trademark, enjoys legal protection against misappropriation and cybersquatting. In the event of a dispute, the World Intellectual Property Organization (WIPO) provides an arbitration system.

French law provides specific provisions in the Intellectual Property Code to protect trademark holders against infringement. Two key articles are essential in this context:

1. Article L. 713-2 concerns infringement in the strict sense, that is to say the identical reproduction of the trademark.
2. Article L. 713-3 deals with the imitation of the trademark as well as its reproduction for similar goods or services.

It is important to note that there are specific provisions for well-known trademarks (Article L. 713-5), distinct from those concerning trademarks “enjoying a reputation”. These key provisions were updated by Ordinance No. 2019-1169 of 13 November 2019.

Beyond the scope of intellectual property, other remedies may be considered in the event of the improper use of a domain name. Even in the absence of intellectual property rights, the unauthorised use of a name, even with a slight variation, can be challenged by reference to the conduct of the “reasonable person” under Article 1240 of the Civil Code.

In a commercial and competitive context, one could invoke unfair competition. However, the concept of free-riding (parasitisme), despite being a matter of debate, often appears more relevant and effective. Anyone who deliberately reuses another party's domain name commits acts of free-riding, that is to say unjustly profits from the work or investment of another.

As held by the French Court of Cassation in 1999, economic free-riding is defined as the body of conduct by which an economic operator places itself in the wake of another in order to benefit from that operator's efforts and know-how without spending anything. Thus, reusing a name amounts to placing oneself in the wake of its legitimate holder, which constitutes an act of free-riding.

How do you transfer ownership of a domain name?

The transfer of ownership of a domain name varies depending on the registrar, but generally involves unlocking the domain, obtaining a transfer code, and then providing that code to the new owner.

In the context of assigning a domain name, just as with the assignment of a trademark, meticulous precision in drafting the contract is essential to avoid disputes. The assignment may be partial, meaning that the use of the domain name may be assigned for a specific category of goods or services.

However, it is important to note that a partial assignment cannot be territorially limited in the case of a domain name, just as with a trademark.

The assignment applies automatically to the entire territory covered by the domain name, unlike a trademark licence assignment, which may be local.

The complexity of these operations and the stakes they involve justify the involvement of a legal professional skilled in intellectual property matters, both for the negotiations and for drafting the assignment contract.

How do you know if a domain name is protected?

Consult the WHOIS information to see whether a domain is locked or not.

Locked domains are protected against unauthorised transfers.

How do you estimate the value of a domain name?

Estimating the value of a domain name depends on several factors such as length, keywords, the extension, the age of the domain and market demand.

Now that you are equipped with the information needed to understand the importance of domain name protection, are you ready to take charge of your domain's security? If you need help navigating this complex process, do not hesitate to contact me. As an expert in this field, I am at your disposal to help you secure your online presence. Click here to contact me now and start protecting your domain name!