Domain name

Conflicts between domain names and distinctive signs: risks and protection
By Yasmine EDDAM
1 May 2025
Commercial, business and competition law, Domain name
Conflicts between domain names and distinctive signs are on the increase. Brands, trade names, surnames or geographical indications can collide with similar domain names. These situations expose companies to real legal risks. Prevention becomes crucial to protect your digital identity. Risks of conflicts with trademarks Use of a domain name similar to a trademark The most frequent conflict is between trademark holders and holders of similar domain names. These situations are potentially infringements under articles L.713-2 and L.713-3 of the French Intellectual Property Code. Case law has evolved on this point. An important decision by the Court of Cassation on 13 December 2005 ("Locatour" ruling) made it clear that the registration of a domain name is not sufficient. Actual use remains necessary to characterise infringement. The courts are therefore penalising the use of a domain name that bears...