IP/IT

Domain Name Recovery

The development of the Internet has led to the emergence of domain names that are as important as trademarks or company names, making them truly distinctive signs. They are part of the intangible assets of the company, which must therefore ensure their protection, in the same way as other intellectual property rights.

The multiplication of websites, the growth of e-commerce and the diversification of domain name extensions have led to the emergence of new practices that can cause a serious prejudice to intellectual property rights holder, such as cybersquatting which consists of registering a domain name corresponding to a trademark, with the intention of then reselling it to the rightful owner or taking advantage of its reputation.

JP Karsenty intervenes at an early stage, in order to advise its clients on the best strategy to adopt against cybersquatters on the basis of the circumstances of the case.

Its lawyers regularly assist their clients in the choice, protection, and registration of domain names; and assist them in the defense of their domain names before administrative authorities (AFNIC, WIPO, etc.) as well as courts.

Ranking Décideurs magazine 2022 :

Commercial Litigation - Recommended
Advertising law and marketing – Highly Recommended
Internet – Recommended
IT, software & digital projects – Highly Recommended

 

Legal works in this area

Contractual – Consulting

  • Drafting of domain name assignment contract
  • Drafting of domain name license agreement
  • Assistance in the choice of a domain name and prior rights search

Litigation :

  • Action to obtain disclosure of the identity of a domain name holder
  • Formal notice to a domain name holder
  • Drafting and filing of a criminal complaint before the Public Prosecutor for fraudulent domain name registration
  • Management of SYRELI proceedings before the AFNIC
  • Management of UDRP proceedings before WIPO
  • Legal proceedings before the French courts in order to obtain the restitution of a domain name and to obtain damages

Track records

  • Action against a hosting company to obtain the urgent take-down of a fraudulent website offering banking services and recovery of the contact details of the perpetrator
  • Filing of a criminal complaint before the Public Prosecutor following an attempted scam and identity theft via a website
  • Proceedings before the judicial courts to obtain the contact details of a fraudulent website editor
  • Action before the AFNIC in the context of a SYRELI procedure to obtain the transfer of a domain name that damages the name of an individual
  • Action before WIPO in the context of a UDRP proceeding to obtain the transfer of domain names infringing intellectual property rights
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