Digital Law Lawyer in Paris
Areas of Expertise > Digital Law
Websites, software, data, domain names and digital content: today, the digital sphere accounts for a decisive share of your company’s value.
That said, the rights concerned must actually be yours, your contracts must protect you, and you must be able to react quickly in the event of an infringement.
Our digital law lawyers assist companies on these three fronts: securing projects upstream, protecting assets, and managing online disputes — in both advisory and contentious matters.
To discuss your digital law matters,
A firm recognised by leading legal directories — Chambers, Legal 500, Décideurs, Managing IP, Who’s Who Legal.
Our Digital Law Practice
Cabinet Bouchara & Avocats assists companies, legal departments, startups, publishers, agencies, platforms and e-merchants, from the initial scoping of a project through to its defence in the event of an infringement.
Advice and Assistance
– the selection of domain names and the conduct of prior-rights searches;
– the definition of strategies for reserving, protecting, monitoring and managing domain name portfolios;
– the setting up of online advertising campaigns;
– compliance with the regulations on the protection and processing of personal data, in particular in dealings with the CNIL (EU Regulation 2016/679, notably Articles 5, 6 and 24 to 32);
– the handling of complaints relating to domain names or content disseminated online, and the monitoring of infringements committed on the Internet.
For projects incorporating an artificial intelligence solution, the firm also reviews the tool’s terms of use, the provenance of the data and content, the confidentiality of the information communicated, and the rights over the results generated.
Negotiation and Drafting of Your Contracts
– software licence and assignment agreements;
– contracts relating to databases;
– agreements assigning rights over a website or a domain name;
– data processing subcontracting agreements (personal data processor agreements);
– general terms and conditions of online sale;
– general terms and conditions of use of websites, applications or platforms.
Our lawyers pay particular attention to securing the definition of the services, the deliverables, the acceptance-testing conditions, ownership of the developments, the scope of the rights granted, confidentiality, liability, and the terms for termination of the contract.
Digital Representation and Litigation
– bad-faith registration of a domain name and UDRP, SYRELI or PARL EXPERT proceedings;
– phishing, typosquatting, misappropriation of distinctive signs and other online infringements;
– the liability of content publishers, access providers, hosting providers and other Internet service providers (French Law for Confidence in the Digital Economy (LCEN), Article 6; EU Regulation 2022/2065 on Digital Services (Digital Services Act));
– liability relating to search engine indexing/ranking and automatic search-engine suggestions;
– unauthorised exploitation of software, databases or digital content;
– non-performance or improper performance of IT contracts.
Our lawyers act to preserve evidence, have the perpetrators of the infringements identified, send cease-and-desist letters, and bring the appropriate judicial or extrajudicial proceedings.
Examples of Situations
Your IT project is at a standstill with a service provider
Deployment delays, non-compliant software, unusable features, refusal to deliver the source code or to hand over the elements necessary for the continuity of the project. Our lawyers review the contract, the specifications (cahier des charges), the acceptance-testing conditions and the correspondence with the service provider.
We assist you with sending a cease-and-desist letter, negotiating an amicable solution or an exit from the project and, if necessary, in contentious proceedings.
Your company is the subject of an online infringement
A domain name reproduces your trademark, a fake website misappropriates your identity, or your software, visuals, content or databases are being exploited without authorisation.
The firm reviews your rights, preserves evidence and determines the appropriate course of action: making contact, sending a cease-and-desist letter, requesting removal, extrajudicial proceedings, or judicial action.
You are deploying an artificial intelligence tool
Your company wishes to incorporate an artificial intelligence solution into its services, products or internal processes. Our lawyers review the tool’s terms of use, the provenance of the data and content, the confidentiality of the information communicated, and the rights over the results generated.
Personal data and digital law team
Domain Names and IT Law
The domain name is a distinctive sign for a business that carries significant patrimonial value, all the more so given that the Internet is today the medium most used by consumers to obtain information about a company.
Accordingly, it is necessary for companies — in the same way as for trademark law — to take numerous precautions with regard to this new asset, both as to the choice of the domain name, its registration, and the life of the domain name, by protecting it against all forms of attack to which it may be subject from competitors, such as cybersquatting or typosquatting.
Domain Names and Trademark Law
A domain name that is being exploited may constitute a prior right enforceable against a later trademark, subject in particular to its scope and to the existence of a likelihood of confusion (French Intellectual Property Code, Article L.711-3).
The holder of the domain name may thus, where the conditions are met, oppose the registration of an identical or similar trademark, or seek the invalidity of a trademark already registered (Articles L.712-4 and L.716-2 of the French IP Code).
Conversely, before reserving a domain name, it is necessary to check that it does not infringe a trademark or another prior right.
Domain Names and Other Distinctive Signs
Unlike trademark law, which is protected by the infringement action, the domain name is protected by the civil liability action under Article 1240 of the French Civil Code.
The holder of a domain name that is being exploited may take action against the subsequent use of an identical or similar domain name, corporate name, trade name or other sign, where that use creates a likelihood of confusion.
Depending on the circumstances and the rights relied upon, the action may in particular be based on civil liability, unfair competition, or, where a trademark is also affected, infringement.
The firm assists you in enhancing the value of, and defending, your domain names against third parties who might attempt to reproduce or imitate them.
Do You Wish to Secure a Project or Are You Facing a Digital Dispute?
For an analysis of your situation, our lawyers are ready to listen.
Awards
Cabinet Bouchara & Avocats is regularly recognised for its expertise in data law, cybersecurity, digital platforms, and the protection of content and intangible assets.
Décideurs | Leaders League 2026 — Data Law and Cybersecurity
Cabinet Bouchara & Avocats — “Strong reputation” (Forte notoriété).
Décideurs | Leaders League 2026 — Digital Platform and Application Law
Cabinet Bouchara & Avocats — “Strong reputation” (Forte notoriété).
Décideurs | Leaders League 2025 — Advertising Law & Marketing
Bouchara & Avocats — “Recognised practice” (Pratique réputée).
FAQ
How do you register a domain name?
Once the domain name has been chosen and its availability checked, it is advisable to reserve it promptly. A domain name is unique within a given naming space, such as .fr, and is in principle allocated to the first applicant.
Registration is carried out through a registrar, who acts as an intermediary with the competent registry (in particular AFNIC for .fr domain names). It is granted for a limited period and must be renewed before it expires.
How do you check the availability of a domain name?
The check is not limited to querying a registrar’s database. A name that is technically available may still infringe prior rights held by third parties: trademarks, corporate names, trade names, or domain names already reserved or exploited. Availability therefore does not prejudge freedom to use. A prior-rights search, in France and abroad where applicable, is essential before any reservation.
How do you protect your domain name?
Protection of a domain name does not result from registration alone. It is important to actually use it, keep evidence of that use, renew the reservation, and monitor for identical or similar domain names or trademarks.
This protection can be supplemented by filing the corresponding trademark and reserving the extensions useful to the company’s business.
How do you recover a domain name that reproduces my trademark?
Where a domain name infringes a trademark, its holder may proceed by judicial means (an infringement action) or by an extrajudicial procedure. The UDRP procedure makes it possible to obtain the transfer of a domain name upon three cumulative conditions:
- the domain name is identical or similar to the point of creating confusion with the trademark;
- the respondent has no rights or legitimate interest in respect of the domain name; and
- the domain name has been registered and is being used by the respondent in bad faith.
For extensions administered by AFNIC, the SYRELI and PARL EXPERT procedures may also be considered. The rights holder does not automatically obtain the transfer: each condition must be established by a sufficiently substantiated case.
