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Domain name protection lawyer - Romain MIRABILE

Domain name protection lawyer - Romain MIRABILE

Securing your domain name means ensuring the stability of your online presence

A solid domain name security strategy helps prevent usurpation and hijacking, protecting your data and ensuring the continuity of your business on the web.

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Domain name protection

What is a domain name?

Like intellectual property rights, domain names are crucial intangible assets that require careful legal protection. 

A domain name attorney can help you navigate the protection of your assets.

Free 15min call to discuss your needs
How can I protect my domain name?

Your domain name protection services

  • Advice on choosing and registering domain names: I support my customers in choosing and registering their domain name, ensuring its availability and taking into account third-party rights and legal restrictions. This process includes checks with organizations such as AFNIC.
  • Protection strategies and dispute resolution: I adopt proactive strategies to protect your domain name. In the event of a dispute, as a domain name attorney, I manage the necessary steps, from verifying the owner to resolving disputes via specific procedures with bodies such as AFNIC or WIPO.
  • Audit and litigation management: I handle domain name audits, as well as litigation, particularly in cases of cybersquatting or unfair competition, ensuring that your interests are defended.
  • Fighting cybersquatting: I am actively involved in the fight against cybersquatting, a practice in which third parties register domain names similar to existing trademarks in order to create a commercial disturbance. As a domain name attorney, I intervene with the relevant authorities to protect your rights.
Step-by-step analysis

Steps to recover my
domain name

Stage - 1
Analysis of your trademark rights

Before taking any action, we will carry out an in-depth analysis of the rights associated with your trademark, in particular previous trademark registrations. This will enable us to determine the legal basis on which to claim the domain name.

Stage - 2
Sending formal notice

We'll start by sending a formal notice to the current domain name holder, in my capacity as domain name attorney.

The purpose of this formal step is to inform them of your rights and request the return of the domain name.

Stage - 3
Negotiating the buyout

If possible, we will enter into negotiations with the reserving party to discuss the purchase of the domain name, with the aim of finding an amicable solution.

Stage - 4
Out-of-court procedure for extension

If the negotiation is unsuccessful, we will continue with an extrajudicial procedure specific to the extension before the WIPO with my support as a domain name attorney. The aim of this procedure is to recover the domain name on the basis of your trademark rights. The WIPO procedure can take around 2 to 3 months.

What are your risks?

Risks related to cybersquatting?

Cybersquatting, the practice of registering or using an Internet domain name corresponding to a protected brand or denomination without being entitled to it, is taken very seriously by the legal authorities, and can result in severe penalties.

  • Penalties for counterfeiting: In the event of cybersquatting involving a registered trademark, the perpetrators can be prosecuted for counterfeiting. This offence carries a fine of up to €400,000 and a prison sentence of up to 4 years. Infringement action is possible when the disputed domain name is used for products or services similar to those covered by the trademark. Courts are increasingly inclined to recognize this infringement, particularly in the light of recent case law such as the Sunshine ruling.
  • Civil liability action: When no intellectual property rights are attached to the term used as a domain name, the rightful holder can take civil liability action. In this case, he or she must demonstrate the existence of a fault (such as registering a domain name without rights or legitimate interest, or with intent to harm), a prejudice (such as damage to commercial image or audience detour) and a causal link between the two.

To prevent cybersquatting, it is advisable to implement protective measures as soon as the brand is created. These measures include proactive registration of domain names associated with the company, and ongoing monitoring of the use of domain names related to your brand. Such preventive steps are crucial to protecting your digital identity, and enable you to take more effective legal action against cybersquatters. We recommend that you enlist the help of a domain name attorney!

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FAQ's

Frequently asked questions

What are my cybersecurity obligations under the RGPD?

There are several strategies and actions that can be taken to effectively combat cybersquatting:

  • Prevention through Proactive Registration: The first line of defense against cybersquatting is to proactively register domain names relevant to your business. This includes not only your brand name, but also common variants, as well as the various domain extensions (.com, .fr, .net, etc.). This preventive approach prevents cybersquatters from monopolizing these domain names before you do.
  • Ongoing monitoring: It's crucial to actively monitor the use of domain names associated with your company. This means staying alert to the appearance of new domain names that could be confused with your brand, so you can act quickly in the event of cybersquatting attempts.
  • Legal action: In the event of proven cybersquatting, there are several legal options open to you
  • Mise en Demeure: Sending a formal notice to the domain name holder is often the first step. This formal action demands the return of the domain name, and can also pave the way for negotiations for an out-of-court buyout.
  • Extrajudicial procedures: If negotiations fail, you can resort to extrajudicial procedures such as those offered by AFNIC or WIPO. These procedures are specifically designed to deal with domain name disputes, and may result in the recovery of the usurped domain name.
  • Recourse in the event of trademark infringement: If the disputed domain name is used for products or services similar to those covered by your trademark, an infringement action may be considered. This recourse is particularly relevant if you own a trademark registered prior to the domain name registration by the cybersquatter.
  • Civil liability action: If you have no intellectual property rights in the usurped name, a civil liability action can be brought. This requires proof of the cybersquatter's fault, the damage suffered and the causal link between the two.

In conclusion, combating cybersquatting requires a proactive and strategic approach, combining prevention, surveillance and targeted legal action. Competent legal advice is essential to navigate these complex processes and effectively protect your online presence.

To protect your domain name effectively, here is a structured approach you can follow:

Availability check :

  • Domain name uniqueness: Make sure the domain name you want is not already used by another site. Use services like Whois to check its availability.
  • Conflicts with existing trademarks: Check that your domain name does not infringe on the intellectual property rights of other companies, especially trademarks.

Reserve a :

  • First come, first served: Domain names are allocated on a first-come, first-served basis. Contact a registrar to reserve your domain name.
  • Choice of extension: Depending on the extension (.fr, .com, .eu, etc.), the competent office may vary.
  • Multiple registrations: Consider reserving several extensions to protect your domain name against third-party use.
  • Renewal : Plan to renew your domain name, usually between 1 and 10 years, to prevent it from expiring and becoming public.

Domain Name Legal Protection :

  • Trademark registration: Register your domain name as a trademark with the Institut National de la Propriété Industrielle (INPI) for additional legal protection.
  • Choice of Activity Classes: When filing, choose the relevant classes from the 45 available that correspond to your company's activity.
  • National and international protection: INPI protection is valid in France. For extended protection, contact EUIPO for Europe or WIPO for worldwide coverage.

By following these steps, you can effectively secure and protect your domain name, while ensuring that you respect existing intellectual property rights and prevent potential disputes."

"An ".eth" domain name is a specific type of domain used in the context of the Ethereum blockchain and Web 3.0.

Here's how it works and why it's important:

Definition and Functionality :

  • Ethereum Name Service (ENS): The ".eth" domain is managed by Ethereum Name Service, a blockchain protocol designed for users of Web 3.0 and the world of NFT (Non-Fungible Tokens).
  • Unique, memorable username: ENS lets you associate an easily recognizable and memorable name with complex electronic wallet addresses and Web 3.0 sites.
  • Exchange and Communication Tool: These domain names facilitate exchange and communication in the Web 3.0 digital space, notably for cryptocurrency transactions, messaging and smart contracts.

Booking and Privacy :

  • Reservation Process: .eth domain names are acquired on a first-come, first-served basis, and are generally purchased with cryptocurrencies.
  • Reserver anonymity: At present, it is difficult to identify the owners of .eth domains, which complicates the fight against cybersquatting in this domain.
  • No centralized registry: Unlike Web 2.0, there is no centralized registry to authenticate the identity of ".eth" name holders, making it difficult to authenticate users and protect companies in the metaverse.

New Extension for Authentication :

  • ".eid.eth" for Authentication: Since October 2022, the ".eid.eth" extension has been introduced to enable companies to control and authenticate their digital identity in the metaverse and Web 3.0.
  • eid Registry for Electronic Identity: Companies can register their names under ".eid.eth" to confirm their identity in a publicly searchable eid registry, offering greater transparency and security for online interactions."
Learn more about domain name protection

Protect a domain name is essential to guarantee your digital identity and continuity of your online business. A domain name reinforces your brand and improves your company's visibility on the Internet. Ignoring this protection can lead to cybersquattingwhere malicious third parties register similar names to take advantage of your reputation.

A domain name can also be subject to litigation, which can damage your reputation and result in high costs. The secure of a domain name allows you to control your online presence, optimize your referencing and protect your brand image.

Proactive protection of domain names helps avoid potential conflicts with other companies or individuals. It is therefore crucial to adopt a strategy for managing domain name that includes regular monitoring, early renewal and defensive registration of variations of your brand. By taking these steps, you ensure the longevity and security of your digital identity.

Choosing and registering a domain name

Choosing a domain name is a crucial step in establishing a solid online presence. It must be unique, easy to remember, and accurately reflect your brand or activity. Checking the availability of your domain name is essential to ensure that it hasn't already been taken. Use specialized tools to perform this check and avoid infringement of third-party rights.

The next step is to register the domain name requires particular attention to third-party rights and legal restrictions. It is important to ensure that the chosen name does not infringe on any trademarks or other intellectual property rights. By doing so, you can protect your domain name against potential disputes and conflicts.

To maximize protection, we recommend registering variations of your domain name including different extensions (.com, .net, .org, etc.). This secures your brand and prevent third parties from registering similar names.

Safety and protection

The security of a domain name is an essential step in ensuring the long-term future of your online presence. The "first come, first served" rule means that the first to register a domain name becomes the owner. To avoid conflicts, it's crucial to regularly monitor your domain names and renew your registrations before they expire.

In the event of a dispute, there are several out-of-court procedures for settling disputes over domain namessuch as PARL, SYRELI (AFNIC) and UDRP (WIPO). These procedures enable disputes to be resolved quickly and efficiently, without the need for costly legal action. Proactive protection, including defensive registration and regular monitoring, is essential to securing your digital identity.

Litigation and domain name recovery

The litigation linked to domain names can arise when a third party registers a name similar to yours, which can result in financial loss and damage to your reputation. In such situations, legal proceedings may be necessary to recover or cancel a domain name. It is crucial to prove that the name in question infringes your trademark rights or that it was registered in bad faith.

The cybersquatting is a common practice in which individuals register domain names in order to resell them at a high price. To combat this, specific procedures such as the Uniform Domain-Name Dispute-Resolution Policy (UDRP) enable these disputes to be resolved efficiently.

To recover a domain name, it is often necessary to :

  • Analyze your trademark rights
  • Sending formal notices formal
  • Negotiate the purchase of the estate
  • Initiate out-of-court out-of-court or judicial

Consulting a lawyer is highly recommended to navigate these complex processes and ensure the protection of your digital identity.

Audit and economic value

Auditing domain names is an essential step in assessing their economic value and impact on your business. A complete audit allows you to identify and analyze all your domain names owned by your company, identifying opportunities for optimization and protection.

The economic value of a domain name depends on several factors, such as its relevance, potential traffic and notoriety. A domain name domain name can constitute an intangible intangible asset asset, reinforcing your brand and enhancing your online reputation.

In addition, an audit enables you to detect any weaknesses and take measures to strengthen the security of your domain namesdomain names, including defensive registrations and renewals of domain names domain names before they expire. By investing in a regular audit, you not only optimize the management of your digital assets, but also ensure the longevity of your online identity and your market positioning.

The right support for managing your domain names

Protecting domain names is a crucial issue for any company wishing to secure its digital identity and maintain its online reputation. By carefully choosing your domain nameand protecting it against potential conflicts, you can ensure the longevity of your online presence. A regular audit and a proactive domain name are essential to avoid costly disputes and maximize the economic value of your digital assets.

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