By Yasmine EDDAM
1 May 2025
Disputes over domain names are on the increase. The strategic value of these digital identifiers explains this trend. There are several ways of resolving disputes. The choice between traditional legal procedures and alternative mechanisms often determines the outcome of the dispute. Knowledge of these options is a decisive advantage. Traditional legal procedures Infringement action Infringement action enables a trademark owner to stop unauthorised use of its sign. It applies to domain names that reproduce an earlier trademark for identical or similar goods or services. Three essential conditions must be met: The Court of Cassation has ruled that the bare registration of a name, without use, is not sufficient ("Locatour" ruling of 13 December 2005). This position limits the effectiveness of the infringement action against mere defensive reservations. Sanctions include: Action for unfair competition or parasitism The action for unfair competition sanctions the use of a domain name bearing...
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