Definition

A domain name is a unique Internet address that provides access to a website, online services, or digital resources. It is a textual identifier that points to an IP address via the Domain Name System (DNS), making Internet navigation and address memorization easier.

Legal basis and nature

Registering a domain name does not create an intellectual property right under French law. It only grants a contractual right of use, governed by the registrar and registry rules, based on the “first come, first served” principle.

Relevant legal references include:

• Article L.45 of the French postal and electronic communications Code (CPCE) – rules for the allocation and management of .fr and .re domain names
• Article L.711-4 of the French intellectual property code (CPI) – a domain name may be challenged if it infringes a prior trademark
• UDRP decisions and AFNIC procedures (SYRELI / PARL EXPERT) – based on ICANN and AFNIC policies

Disputes and recovery

A domain name may be challenged in cases of cybersquatting, typosquatting, or infringement of prior rights (trademarks, trade names, appellations of origin). Main dispute mechanisms include:

• UDRP (Uniform Domain-Name Dispute-Resolution Policy), before WIPO for gTLDs
• SYRELI and PARL EXPERT, before AFNIC for French ccTLDs (.fr, .re, etc.)

These administrative procedures are faster and less costly than court litigation but are reserved for clear cases of bad faith and rights violation.

Strategic importance

Domain names are strategic intangible assets, crucial for online visibility, cybersecurity, and brand protection. Effective management involves:

• Preliminary availability and clearance searches
• Alignment of trademark and domain name portfolios
• Ongoing monitoring to detect and address abusive registrations

FAQ

1. Does a domain name grant intellectual property rights?
   No, a domain name does not grant intellectual property rights, only a contractual right of use.
2. How can I challenge a domain name that infringes on a trademark?
   You can use the UDRP procedure for gTLDs or the SYRELI and PARL EXPERT procedures for French ccTLDs.
3. Why is it important to monitor domain names?
   Monitoring allows for the detection and action against abusive registrations or cybersquatting that infringe on trademark rights.