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A domain is the name of a website hosting the content of a company, online shop or media outlet.

Rights to domains can be likened to rights to a trade name. Once you have registered a domain name, no other entity (company) can register it. It is, however, possible for someone to register a similar domain or the same name with a different domain extension.

All it takes is a change of top-level domain (compare, for example, “domain.co.uk”, “domain.com” and “domain.eu”). Business owners keep a close eye on this and seek the broadest possible protection for their domain name.

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Domain name protection: Domain protection is governed by the provisions of commercial law on unfair competition, as well as the rules on misleading descriptions of goods and services and passing off (free-riding on another’s reputation).

Domains identical to a company’s trade name: Where a domain name is identical to a company’s trade name, it enjoys trade name protection, and no one may infringe the company’s rights. This is governed by the Commercial Code. No one may use the same domain name as an existing company, or a name that could be confused with it.

Domains and trademarks: Registering your domain name as a trademark gives you the strongest protection. Your domain is then also protected against all confusingly similar domains that offer the same range of goods as the website operated under the domain protected by the trademark.

Domain disputes: Disputes over domain names based on infringement of a trademark, personal name, trade name, brand, logo, or product or service name are heard in court proceedings.

For further information, please contact us via our contact form.

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