In 2025, the WIPO Arbitration and Mediation Center recorded a historic high of 6,282 domain name complaints, a 1.8% increase over 2024, and part of a long-term upward trend that has seen more than 80,000 disputes handled since the UDRP was created in 1999. Behind each case lies a business whose online identity has been hijacked, copied, or exploited for fraudulent gain.

A domain name is far more than a technical address. It is the first point of contact between your brand and the outside world. Managing it strategically, from the initial registration decision through to enforcement proceedings, is a core intellectual property challenge. Dreyfus & Associates has been advising businesses on domain name strategy and litigation for over two decades.

This article sets out the four pillars of an effective approach: strategic registration, proactive monitoring, dispute resolution procedures, and portfolio auditing.

1. Domain name registration: the case for acting early

First come, first served: and why that matters

Domain name registration operates on a first-come, first-served basis. Unlike trademark law, there is no inherent right of priority based on prior use or reputation: the party that registers first prevails, regardless of whether an identical trademark has existed for decades. This is the root cause of most domain name disputes.

The practical implication is straightforward: domain name registration must be integrated into your brand strategy from the outset, not treated as an afterthought following trademark filing. Every delay creates an opening for bad-faith actors.

Prior art searches: an essential first step

Before registering any domain name, Dreyfus & Associates recommends conducting prior art searches covering existing registrations across relevant extensions (.com, .co.uk, .eu, .net, .org, country-code TLDs in target markets), registered trademarks containing identical or similar verbal elements across EUIPO, WIPO, and USPTO databases, company names and trade names that may create conflict, and sunrise period registrations during the launch of new extensions.

This step reduces the risk of registering a name that infringes a third party’s rights, and ensures your digital identity rests on legally sound foundations.

Extension strategy: how broad a coverage do you need?

The ICANN New gTLD Programme has dramatically expanded the domain name landscape. Registering across every available extension is neither practical nor cost-effective. A sound strategy accounts for your industry and the extensions customers naturally expect, your geographic footprint including country-code TLDs such as .fr (managed by AFNIC), .de, and .co.uk, extensions most vulnerable to abuse, and preventive blocking mechanisms such as the DPML, available through the ICANN Trademark Clearinghouse.

For more on new extension risks and opportunities, we invite you to read our dedicated article: : Domain name extensions: a new frontier for trademarks.

2. Domain name monitoring: protecting what you have registered

Why monitoring cannot stop at registration

Registering your domain names is necessary but not sufficient. Cybersquatting has become industrialised: bad-faith actors systematically mine public trademark databases, including those of EUIPO, the USPTO, and WIPO, to identify newly filed or well-established marks and register corresponding domain names before rights holders can act.

The most common forms of abuse:

  • Classic cybersquatting : registering a domain identical or nearly identical to a trademark, with the intent to resell it or exploit the brand’s reputation
  • Typosquatting : registering deliberate misspellings to capture misdirected traffic
  • Phishing : using a lookalike domain to impersonate a brand and deceive consumers or business partners
  • Combosquatting : adding a generic term to a trademark to create a plausible-looking domain

Other forms of infringement have emerged in recent years, such as pornosquatting (the use of a domain name to host sexually explicit content with the intent to damage a brand’s reputation) and brandjacking on social media. Although these practices vary, they are subject to the same legal principles and remedies.

For a detailed breakdown of each form of abuse and the legal remedies available: Domain names: preventing and combating online infringements.

What the data shows

WIPO’s 2025 statistics confirm that the threat is structural, not cyclical. The record number of UDRP complaints reflects a multi-year acceleration driven by the proliferation of new extensions, the automation of abusive registrations, and the growing economic value of online brand identity.

In France, the AFNIC Abuse Showcase documents the scale of abuse for .fr domains. Suppression rates following AFNIC-initiated verifications consistently run between 75% and 85%, illustrating both the volume of abuse and the effectiveness of early enforcement.

For an analysis of the strategic importance of the .fr extension, you can read our dedicated article: : Why the .fr extension is a key asset for digital sovereignty.

An active monitoring service, not just an alert system

Dreyfus & Associates operates a dedicated domain name monitoring service covering automated monitoring of new registrations similar to your trademark, detection of variants and brand combinations, legal assessment of each identified registration, recommended course of action for each case, and coordination with registrars and hosting providers to suspend or transfer infringing domains.

The key principle is early intervention: the sooner an infringing domain is identified and challenged, the greater the likelihood of success. For a comprehensive overview of monitoring tools and methods: Domain name monitoring: protecting your trademark against cybersquatting.

3. Domain name disputes: procedures and strategy

Mapping the available procedures

When a domain name has been registered abusively, the appropriate procedure depends on the extension involved, the urgency of the situation, and the complexity of the case. Our complete guide to domain name disputes covers all available routes.

The UDRP

Established by ICANN in 1999 and administered primarily by the WIPO Arbitration and Mediation Center, the UDRP is the benchmark mechanism for generic extensions (.com, .org, .net and most new gTLDs). It has handled over 80,000 disputes to date.

To obtain transfer or cancellation of a domain name, the complainant must establish that the domain is identical or confusingly similar to a trademark in which they have rights, that the respondent has no rights or legitimate interests in the domain, and that the domain was registered and is being used in bad faith.

The success rate, when a case is properly prepared, is estimated at between 85% and 90%. Proceedings are typically resolved within 45 to 60 days, at a cost of approximately USD 1,500 for a single panellist, well below the cost of court litigation. Since March 2026, WIPO also offers an expedited UDRP procedure delivering a decision in around 30 days.

For procedural best practices: What is the UDRP? A comprehensive guide | 10 best practices for a successful UDRP/URS proceeding.

SYRELI and PARL Expert for .fr extensions

For French country-code extensions (.fr, .re, .pm, .yt, .tf, .wf), the AFNIC offers two alternative procedures: SYRELI, a fully digital procedure delivering a decision within approximately two months at a filing fee of €250, and PARL Expert for more complex cases.

Unlike the UDRP, SYRELI does not require proof of bad faith, making the threshold more accessible in some cases. The fastest SYRELI decision on record: 18 days, in a 2024 public health emergency. For disputes involving ccTLDs outside France: UDRP and ccTLDs: essential insights for recovering a local domain name.

The URS and court proceedings

The URS (Uniform Rapid Suspension) allows the rapid suspension of a new gTLD domain in clear-cut cases of cybersquatting, without immediate transfer. Where extrajudicial procedures are insufficient, trademark infringement proceedings or unfair competition claims before the courts remain available. Nathalie Dreyfus’s accreditation as a court-appointed expert by the French Court of Cassation and the Paris Court of Appeal gives the firm particular standing in complex contentious proceedings.

The cease and desist letter: a lever not to overlook

Before committing to formal proceedings, a well-drafted cease and desist letter frequently achieves a swift resolution, particularly where the registrant is not a professional cybersquatter. According to industry estimates, around 60% of such approaches succeed within 30 days at an average cost of between €900 and €5,000.

4. Portfolio auditing: the step most businesses skip

Many organisations have accumulated domain name portfolios over time without any overarching strategy. Some domains have become redundant; others were registered defensively but are no longer relevant; still others are approaching expiry without anyone having tracked the date, until a third party registers a lapsed strategic domain.

A structured domain name audit, conducted by our domain name law team, inventories all registered domains and renewal dates, assesses the continued relevance of each domain, identifies priority extensions to register or renew, rationalises renewal costs, detects third-party domains reproducing your trademarks, and produces a prioritised action plan.

In the context of M&A transactions or fundraising rounds, a domain name audit forms part of the IP due diligence process. Full analysis: Domain name audit: securing and maximising your digital portfolio | How to protect a domain name.

Conclusion: build a strategy, don’t react to crises

Protecting domain names is not a one-time task. It requires a structured, ongoing approach built around four complementary phases: register strategically, monitor continuously, enforce promptly when abuse is detected, and audit the portfolio periodically.

Dreyfus & Associates advises businesses, institutions, and international groups on every aspect of domain name portfolio management, from strategic registration and preventive blocking to monitoring, extrajudicial proceedings, and enforcement litigation. With a network of over 500 partner firms across 50+ countries, we provide international coverage commensurate with the scope of the challenge.

Frequently asked questions

What is the difference between a domain name and a trademark?

A domain name is a technical internet address; a trademark is a distinctive sign protected by intellectual property law. Conflict arises when a domain name incorporates a trademark without authorisation. A registered trademark is the strongest evidence in both UDRP and SYRELI proceedings.

Someone has registered a domain name identical to my trademark. What are my options?

Depending on the extension involved: a cease and desist letter, a UDRP complaint (generic extensions), a SYRELI procedure (for .fr), or court proceedings. Dreyfus & Associates will assess each situation to recommend the most appropriate route. Our complete guide to domain name disputes sets out all available procedures.

Is the UDRP accessible to SMEs?

Yes. A WIPO UDRP complaint costs approximately USD 1,500 for a single panellist, well below the cost of court litigation, with a typical resolution time of 45 to 60 days. For .fr disputes, SYRELI is even more accessible at €250 in filing fees.

Does the DPML replace continuous monitoring?

No. The DPML substantially reduces the risk on covered extensions, but does not eliminate it. Extensions not covered, typographical variants, and infringing uses without registration all remain undetected without an active monitoring service. Preventive blocking and monitoring are complementary, not interchangeable.

How do I find out who registered an infringing domain name?

Through the WHOIS service, though registrant data is frequently redacted under GDPR for EU-based registrations. Where WHOIS data is unavailable, additional steps may be needed. Our article on preventing and combating domain name infringements sets out the full range of options.

What is SYRELI?

SYRELI is an alternative dispute resolution procedure managed by AFNIC for disputes relating to French ccTLDs (.fr and associated extensions). Fully digital, it delivers a decision within approximately two months. Unlike the UDRP, it does not require proof of bad faith.

Does my business need a domain name portfolio audit?

If your organisation holds multiple domain names, has undergone rebranding, or is involved in an M&A transaction, an audit is strongly recommended. It identifies renewal priorities, coverage gaps, third-party infringing registrations, and technical vulnerabilities. See: Domain name audit: securing and maximising your digital portfolio.