{"id":9161,"date":"2022-01-19T10:54:35","date_gmt":"2022-01-19T09:54:35","guid":{"rendered":"https:\/\/www.cabinetbouchara.com\/droit-du-numerique\/"},"modified":"2025-03-21T05:07:37","modified_gmt":"2025-03-21T04:07:37","slug":"digital-law","status":"publish","type":"page","link":"https:\/\/www.cabinetbouchara.com\/en\/digital-law\/","title":{"rendered":"Digital law"},"content":{"rendered":"
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Digital law<\/strong>
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Areas of expertise > Digital Law<\/strong><\/span><\/strong><\/p>\n\n\n

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Trademarks and other distinctive signs have a role of identification of a company in relation to another. The distinctive sign is therefore a rallying sign for customers. The trademark is the most well-known distinctive sign, but there are others such as the company name or the domain name.<\/p>\n\n<\/div>\n\n

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See the following area of expertise<\/strong> \"\"<\/a><\/p>\n\n<\/div>\n<\/div><\/div>\n\n

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Domain names and the right to computerization<\/strong><\/h2>\n\n<\/div>\n\n
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When a company wants to make itself known on the internet or offer its services and products online, it must register a domain name.<\/p>\n\n\n\n

The domain name is therefore a distinctive sign for the company, which has significant asset value, especially since the internet is now the means most used by consumers to find out about a company.<\/p>\n\n\n\n

Therefore, it is necessary for companies, in the same way as for trademark law, to take numerous precautions with regard to this new asset, both in terms of the choice of domain name, the registration of the domain name and the life of the domain name, protecting it from all forms of attack from competitors, such as cybersquatting or typosquatting.<\/p>\n\n<\/div>\n<\/div>\n<\/div><\/div>\n\n

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How to register your domain name?
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The choice of a domain name is therefore very important and must be carefully considered. Our firm, composed of lawyers specialized in digital law, assists you in the choice of your domain name and helps you to ensure the availability of the chosen name by conducting prior art searches on the name. The firm also assists you in all the procedures for registering your domain name and informs you of the renewal deadlines for your domain name.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div>\n\n

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Before registering<\/strong> the domain name…<\/strong><\/h3>\n\n<\/div><\/div>\n\n\n\n
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Ask yourself the question of trademark registration<\/strong><\/strong><\/h3>\n\n\n
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Our lawyers carry out prior art searches for you in France, but also abroad if necessary, and analyze them to enable you to file a sign that does not infringe the prior rights of third parties.<\/p>\n\n\n\n

The second reflex to have is to register a valid trademark, i.e. a sign that is distinctive and lawful. Our firm will advise you on the choice of your sign to avoid a trademark cancellation action being brought against your trademark.<\/p>\n\n<\/div>\n<\/div>\n<\/div><\/div>\n<\/div>\n\n<\/div>\n\n

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Check availability<\/h3>\n\n\n\n

As in trademark law, a domain name is therefore likely to infringe prior rights held by third parties, in particular trademarks, company names, trade names, but also domain names that third parties may have registered or used previously.<\/p>\n\n\n\n

It is strongly recommended that companies carry out such availability searches in order to be able to develop an activity under the said sign and subsequently be able to promote this distinctive sign that is the domain name.<\/p>\n\n<\/div>\n<\/div><\/div>\n\n\n\n

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Register the domain name<\/strong><\/strong><\/strong><\/h3>\n\n\n\n

Once the domain name has been chosen and is available, it is necessary to register the domain name quickly because a domain name is unique in a naming space (such as .fr) and is allocated to the first person who requests it.<\/p>\n\n<\/div><\/div>\n<\/div>\n\n<\/div>\n\n

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Registration of the domain name …<\/strong><\/strong><\/h3>\n\n<\/div>\n<\/div><\/div>\n\n\n\n
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Reserve the domain name<\/h3>\n\n\n\n

To reserve a domain name, it is therefore necessary to call on a \u201cregistry\u201d which will act as an intermediary with the registration offices and in particular Afnic, the registration office designated by France for the management of domain names under the .fr extension. The domain name will then be registered, subject to acceptance by the Office, for a limited period of time, which will need to be renewed before the scheduled term in order to retain the rights to this distinctive sign.<\/p>\n\n<\/div>\n<\/div><\/div>\n<\/div>\n\n<\/div>\n<\/div>\n\n

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How to protect your domain name?<\/strong>
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A domain name is a distinctive sign for a company, which is protected like a trademark as soon as it is registered, but only if it is used. It is therefore necessary for the owner of a domain name to monitor his domain name and to set up monthly monitoring to be informed of the registration of similar domain names, trademarks, company names or other subsequent rights. Bouchara & Avocats will help you monitor your domain names and assist you in protecting your domain names.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div>\n\n

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Domain name and trademark law<\/h3>\n\n<\/div>\n<\/div><\/div>\n\n
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