Numerique
Your domain name is the gateway to your online business. Secure it, monitor it, and recover it in the event of usurpation or cybersquatting.
Context
A domain name is far more than a technical address: it is your company's digital identity, the entry point for your customers and an asset tied to your brand. Yet its legal management often remains improvised: registered in the name of an employee or a service provider, not renewed in time, or left unprotected against opportunistic registrations.
Between cybersquatting, typosquatting, usurpation and conflicts with prior trademarks, domain names are the source of many disputes. A well-designed protection strategy secures your online presence and gives you the means to react quickly in the event of an attack.
Problem
Difficulties often arise from negligent management upstream. The classic case: a domain name registered by the web agency or a former employee, which the company does not truly control and risks losing in the event of a disagreement or a departure.
Added to this are external attacks: a competitor or a fraudster who registers a variant of your name to capture your traffic, harm your image or set up a phishing operation targeting your customers. Without a registered trademark or monitoring, the response is slower and more costly, and the harm takes hold during the time it takes to recover the domain.
Solutions
I support you throughout the entire life cycle of your domain names, from preventive securing to contentious recovery.
I begin by auditing your portfolio to identify weaknesses: improperly held domains, unreserved extensions, inconsistencies with your trademarks. I regularise ownership in the company's name, secure strategic extensions and align this protection with your trademark filings so that you have enforceable rights.
I set up monitoring to detect infringements as early as possible. In the event of usurpation, cybersquatting or typosquatting, I initiate the most effective procedure, UDRP, Syreli or judicial action, to obtain the transfer of the domain and compensation for your loss.
I draw up a status report of your portfolio: domains held, extensions, declared holders, expiry dates and consistency with your trademarks. This audit reveals the weaknesses: improperly held domains, unreserved strategic extensions, risks of usurpation.
I secure your online presence: regularisation of holders in the company's name, registration of strategic extensions and variants, alignment with your trademark filings. Your digital identity rests on solid legal foundations.
I set up monitoring to alert you to suspicious registrations: variants, typing errors, other extensions. The earlier the detection, the faster and more economical the neutralisation of infringements.
In the event of an infringement, I initiate the most appropriate procedure: UDRP, Syreli before AFNIC, formal notice or judicial action. I obtain the transfer or deletion of the disputed domain and, where applicable, compensation for your loss.
FAQ
Cybersquatting consists of registering a domain name that reproduces a third party's trademark or name, often to resell it or divert its traffic. Typosquatting exploits common typing errors (a transposed letter, an extra character) to capture the visitors of a legitimate website. These practices can harm your image, divert your customers or be used for fraudulent purposes such as phishing.
Several avenues exist. Out-of-court proceedings are often the fastest: the UDRP procedure for generic extensions such as .com, or the Syreli procedure before AFNIC for .fr domains. They allow you to obtain the transfer or deletion of the disputed domain within a few weeks. Judicial action remains available, in particular to obtain damages. The choice depends on the extension, the urgency and your objectives.
The UDRP is an international out-of-court procedure that allows you to obtain the transfer or deletion of a domain name. Three elements must be demonstrated: that the domain is identical or similar to your trademark, that the holder has no rights or legitimate interest in it, and that it was registered and used in bad faith. The decision is generally issued within a few weeks, without a hearing.
Imperatively in the name of the company itself, and not of an employee, a director in a personal capacity or a service provider. A domain registered in the name of a third party exposes you to a major risk: in the event of a departure or a conflict, the company may lose control of its address. This is an essential point of vigilance, particularly when the creation of the website has been entrusted to an agency.
A domain name alone does not confer any intellectual property right: it is merely a right of use linked to registration. Registering the corresponding trademark considerably strengthens your protection: it gives you an enforceable right, indispensable for acting effectively in UDRP or Syreli proceedings and for defending yourself against third parties. Trademark and domain name are therefore protected in a complementary manner.
Monitoring allows you to be alerted as soon as a domain similar to yours is registered: spelling variants, other extensions, added terms. The earlier you react, the easier and more economical it is to neutralise the infringement before it causes harm. Monitoring is particularly recommended for well-known brands, the preferred targets of cybersquatting and phishing.
The usurpation of a domain for phishing purposes calls for a swift response. You can report the abuse to the registrar and the host to obtain an emergency suspension, initiate a transfer procedure, and file a criminal complaint. Preserving evidence (screenshots, bailiff's reports) is essential. Speed is paramount in order to limit the harm and protect your customers.
Yes. A well-constituted portfolio of domain names, registered in the company's name and consistent with its trademarks, is part of the assets verified during a sale or a fundraising round. Conversely, scattered domains that are improperly held or exposed to disputes constitute a point of friction. Securing your domain names also means protecting the company's value.
Nous accompagnons les entreprises de la tech et du commerce avec une double compétence juridique et technique, de l'analyse à la mise en œuvre.
Ressources
Need to secure a contract, manage compliance, or anticipate a dispute? Our first meeting is designed to understand your needs and clearly explain how we can help.
Digital and Distribution Law Attorney, Paris Bar. We secure your contracts, data, and business.
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