digital law

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Trademarks and other distinctive signs have a role in identifying one company from another. The distinctive sign is therefore a rallying sign for customers. The trademark is the best known distinctive sign, but there are others such as the corporate name of the company, or its domain name.

Domain names and the law
to computer science

When a company wants to make itself known on the internet or offer its services and products online, it must register a domain name.

The domain name is therefore a distinctive sign for the company which has a significant heritage value, especially since today the internet is the means most used by consumers to learn about a company.

Also, it is necessary for companies, in the same way as trademark law, to take many precautions with regard to this new asset both in terms of the choice of the domain name, the registration of the domain name and the life of the domain name by protecting it from all forms of attack from competitors to which it could be subject, such as cybersquatting or typosquatting.

Domain names
and the right
to computer science

When a company wants to make itself known on the internet or offer its services and products online, it must register a domain name.

The domain name is therefore a distinctive sign for the company which has a significant heritage value, especially since today the internet is the means most used by consumers to learn about a company.

Also, it is necessary for companies, in the same way as trademark law, to take many precautions with regard to this new asset both in terms of the choice of the domain name, the registration of the domain name and the life of the domain name by protecting it from all forms of attack from competitors to which it could be subject, such as cybersquatting or typosquatting.

How register your domain name?

How 
record
her name
domain?

The choice of a domain name is therefore very important and must be considered. Our firm, made up of lawyers specializing in IT law, will assist you in choosing your domain name and help you ensure the availability of the chosen name by carrying out prior art searches on the name. The Firm also supports you in all the procedures for filing your domain name and informs you of the deadlines for renewing your domain name.

Before deposit
of the domain name...

Choose name

 

Before registering its domain name, the company must first choose the domain name it wishes to use. The domain name regime is similar to that of trademarks insofar as a domain name is a distinctive sign that makes it possible to individualize services, products or a company.

Check availability

As in trademark law, a domain name is therefore likely to infringe prior rights held by third parties and in particular trademarks, company names, trade names but also domain names that third parties may have been able to file or exploit beforehand. It is strongly recommended that companies carry out such searches for availability in order to be able to develop an activity under the said sign and subsequently be able to value this distinctive sign that the domain name constitutes.

Once the domain name has been chosen and it is available, it is necessary to register the domain name quickly because a domain name is unique in a namespace (such as .fr) and is assigned to the first who requests it.

The record
of the domain name…

The record
of the domain name…

Reserve the domain name

To reserve a domain name, it is therefore necessary to use a "registry" which will act as an intermediary with the registration offices and in particular Afnic, namely the registration office designated by France for the management of domain names under the .fr extension. The domain name will then, subject to acceptance by the Office, be registered for a limited period which should be renewed before the scheduled term in order not to lose its rights to this distinctive sign.

How protect your domain name?

A domain name is a distinctive sign for a company, which is protected like a trademark as soon as it is registered, provided that it is used. It is therefore necessary for the holder of a domain name to monitor his domain name and set up monthly monitoring in order to be informed of the filings of approaching domain names, trademarks, corporate names or other subsequent rights. . Cabinet Bouchara & Avocats assists you in monitoring your domain names and assists you in protecting your domain names.

Domain name and trademark law

In the field of trademark law, case law considers that a domain name, used, can constitute an anteriority and as such benefit from protection against subsequent filings of identical or similar trademarks.

The holder of a domain name may therefore, if necessary, oppose the trademark registration of a third party, or even act to request the withdrawal of the trademark.

Domain name and other distinctive signs

Unlike trademark law which is protected by action for infringement, the domain name is protected by civil liability action under article 1382 of the Civil Code.

Also, the holder of an exploited domain name may prevent a third party from exploiting an identical or similar subsequent domain name for similar products and services.

The domain name holder may also prevent a third party from using a corporate name, trade name or other distinctive sign similar to the same as the domain name registered and operated, provided that there is a risk of confusion between the signs.

Cabinet Bouchara & Avocats accompanies and advises you in order to give you the means to act against third parties who would try to imitate or reproduce your domain name and also accompanies you in the valuation of your domain name

When a domain name infringes a trademark, the holder of the trademark can take action against this domain name, in particular via infringement action but also via extrajudicial UDRP procedures. The UDRP procedure allows the holder of the earlier mark to obtain the transfer of a domain name which would infringe a mark on the condition that:

The domain name is identical or likely to be confused with a trademark;

The defendant has no right or legitimate interest in the registration of this domain name;

Respondent's registration and use of the domain name was done in bad faith.

When a domain name infringes a trademark, the holder of the trademark can take action against this domain name, in particular via infringement action but also via extrajudicial UDRP procedures. The UDRP procedure allows the holder of the earlier mark to obtain the transfer of a domain name which would infringe a mark on the condition that:

The domain name is identical or likely to be confused with a trademark;

The defendant has no right or legitimate interest in the registration of this domain name;

Respondent's registration and use of the domain name was done in bad faith.

Our services

Support and advice

We advise and assist you in terms of: - validation of projects, websites and specific applications,

– choice of domain names,
– setting up online advertising campaigns,
– compliance with the regulations relating to the protection and processing of personal data with the CNIL,
– domain name protection strategies and domain name reservation procedures,
– processing of complaints related to domain names,
– implementation of surveillance on your domain name,
- management of your domain name portfolio,
– processing of complaints related to content distributed online (disparagement, etc.),
– setting up monitoring of breaches on the Internet.

Negotiation and drafting of contracts

We negotiate and draft: - domain name transfer contracts,

– contracts for the transfer of rights to the website,
– IT contracts,
– contracts relating to databases,
- general conditions of sale on the Internet,
– general conditions of use of websites, blogs.

Representation

We represent you in the context of litigation relating to domain names and in particular: - unfair competition following the reproduction or imitation of a domain name,

– UDRP procedure following the reservation in bad faith of a domain name similar to your distinctive signs,
– liability of internet service providers (content publishers, access providers, hosts, blog publishers, etc.),
– implementation of legal procedures in order to put an end to all types of attacks on the Internet (e.g. phishing, typosquatting, etc.) and for the purpose of identifying the perpetrators of offences,
– liability related to internet referencing and automatic suggestions from search engines.

Team  personal data and digital law

Team  personal data and digital law