Domain names Law

How do I register and protect my domain name?

Internet has revolutionised consumer attitudes by making certain products and services more accessible. Domain names, as the public’s first contact with your company’s activity, are therefore fundamental elements to take into consideration. This is especially true since, when it comes to reserving a domain name, the “first come, first served” rule applies. It is therefore essential to adopt an effective strategy for choosing a domain name that is relevant to your business.

Domain names

Naming Strategy

In order to register your domain name, we recommend that you first conduct an availability search

A domain name is likely to infringe on prior rights, just like trademarks. Those prior rights can refer to similar domain names held by third parties, trademarks containing one or more verbal elements in common, company names or trade names.

It is strongly recommended that companies carry out availability searches to avoid any risk of the domain name being contested. These searches can be complex and Dreyfus can assist you thanks to its expertise in prior art searches.

Addressing Domain Name Vulnerability

 

♦ Simultaneous monitoring of your trademark and domain name rights

 

In order to avoid any risk of confusion with an infringing trademark that could harm your business, once your domain name is reserved or your trademark is registered, it is important to monitor them regularly.

Dreyfus has a domain name monitoring service that helps to detect infringements of your domain name or trademark quickly and efficiently

♦ Cybersecurity of domain names

 

Becoming a victim of a cyber attack is one of the most feared risks for companies.

In close collaboration with our clients, we ensure that those risks as well as administrative and technical misappropriation are reduced by optimising protection and by taking into account the realities of your business in our prevention measures.

Assistance and advice during pre-litigation proceedings

Do you wish to obtain the transfer of a domain name that infringes your domain name and/or trademark?

Extrajudicial procedures specific to domain name disputes exist: these include UDRP/URS procedures and arbitration procedures specific to each country extension.

The Dreyfus law firm, whose expertise in this field is recognized, will mobilize its expertise to defend your interests.

French opposition proceedings

The French opposition procedure proves to be an attractive strategy in the defence of French trademark rights, European Union trademarks (Community trademarks) or international trademarks designating France, as well as also company names and domain names.

How to get a domain name?

As online presence is almost indispensable for businesses to succeed in today’s economy, domain names are becoming increasingly important.  Instead of using long and difficult IP addresses, companies can use short, simple domain names to allow (potential) customers to access their websites.

 

Choosing an appropriate and available domain name is the first step. Getting it is the following. step First, it is necessary to check if your desired domain name is (still) available. In this way, you can avoid the risk that your domain name is likely to infringe previous rights, including similar domain names, trademarks, company names or trade names. To check the availability of your domain name, you can visit various sites such as Whois, GoDaddy, OVH or Gandi.

 

Further, there are several possibilities to get your domain name. If your name is still available, you can simply register with a registration office (registrar). For example, on the Afnic website you can find a directory of accredited registration offices. As a general rule and this deposit will not cost you too much (12 euros on average in France). Of course, prices will vary from registrar to registrar. The second option is to rent your desired domain name. Either with a traditional rental agreement or with a leasing agreement. It is even possible to conclude a lease-purchase agreement allowing the tenant to exercise his purchase option during the rental period for a suitable amount that will be fixed in advance. The third option is to buy the domain name. In this case, it is recommended to negotiate the price with the current holder of the name you wish to purchase.

Our domain names monitoring services

Priorit-search among all extensions (gTLDs, ccTLDs, new gTLDs)


Acquisition, sale and transfer of domain names


Implementation of a domain name governance policy including the implementation of an optimized naming strategy :
– Commercial policy analysis,
– Analysis of trademark ranking,
– Analysis of trademark and domain name consistency,
– Identification and securing of strategic names,
– Associated deposit and defense strategy / optimal cybersecurity strategy,
– A highly secure domain name management platform.


Monitoring and protection of your trademarks among domain names via a warning system from our surveillance tools.


Security: blocking of the domain name by the registrar, deactivation of the registrant’s account, deactivation of mail servers.


Alternative Dispute Resolution Actions (ADR): URS, UDRP / legal actions.