1. The protection of your name on the Internet
The domain name is the name of your site: it is usually the name of your company or one of your trademark. It is a distinctive sign that meets certain legal criteria and can only be booked if available. A domain name is valid for one, two, five or ten years depending of the extensions, renewable indefinitely.
@MARK simplifies your domain names with an “all inclusive” offer including booking and domain name management in about 190 territorial areas:
- The international extensions (.com, .net, .biz, .org, .info)
- The French extensiion (.fr)
- The local extensions (.be for Belgium, .it for Italy, .de for Germany, .ch for Switzerland, .us for the USA…)
2. What territory is protected by a domain name?
The vocation of a domain name is global, which has led to erroneously consider that disputes concerning those names did not meet any rules. In fact, if anyone in the world can connect to a site whatever its address (.fr or .com …), the legal rules that apply are those of the territory in which the name is used.
3. The offensive function of the domain name
The domain name has an active function since it is a right that allows action against a domain name identical deposited in another area or against a similar name if it creates a confusion for users. Of course, the possibilities for action are clearly reinforced when the holder is also the owner of the related trademark.
4. The defensive function of domain name
The domain name also has a passive function as for the Internet, the rule “first come, first served” applies generally and this means that if the name is not reserved in a specific area, it can be taken by a third party. Experience shows that the cost of a domain name reservation is infinitely lower than a recovery of the same name filed by a third party in bad faith. If the third party is of good faith is very different since the name can not be recovered (see: the decision MAGGI.COM in which NESTLE was dismissed because the name MAGGI had been booked in good faith by an Italian national named MAGGI).
5. The patrimonial function of domain name
The domain name has finally, like other intangible rights a financial function to the extent that it necessarily has a significant patrimonial value – just count the millions of pages read on the Internet for some sites.
6. The administration of domain names
Reservation fees and amounts due to management agencies are fully included in your subscription. You have nothing else to pay to anyone. You do not have to make payments online with your credit card … Monitoring of annuity payments is automatic so you are alerted in time when your subscription expires and you could lose your domain names.
7. The settlement of disputes between a trademark or a company name to a domain name
Our role is to advise you in order to implement the best possible strategy to recover a domain name fraudulently filed by a third party or to act against a case of cybersquatting, typosquatting, pointsquatting, etc…:
- Cease and desist letter
- ICANN arbitration procédure
- Judiciary procedure
8. What other benefits generally offered?
- The delegation of change (DNS) when booking your names, they are automatically delegated to the servers of our provider. We ensure the delegation of change to DNS servers chosen by the customer.
- Changes contacts: it is possible to modify the coordinates of the persons responsible for the management of names (administrative contact), persons who are responsible at the technical level (technical contact) and also liable to pay (payer contact).
- The names pointing to a holding page: pending the opening of your site or just to exercise a “discreet” protection to a name, the package includes the name pointing to a holding page specially designed for this effect.
- Other benefits: the link between your domain names to existing sites is supported for free (example: you book “masociete.info” but it is redirected back to “masociete.fr”…).
- The DNS servers of our provider are available: the state of the art, highly secure, of course, these servers are used to manage web and email functions related names. You can also create sub-domains (for a domain name “masociete.fr”, an example of a subdomain is “monproduit.masociete.fr”).
- The reconstitution of portfolios when the client does not know the domain names that have been filed (through subsidiaries, by various officials, by different providers…)
- Our technical service providers can finally offer you the hosting of your website.
- For easier management of your domain names, we suggest you to host them with a single provider: as such, the repatriation of domain names registered through other providers on the servers of our provider is simple and the cost is identical to that of an annuity.
9. Is it possible to monitor a domain name?
Internet monitoring are essentially of three types:
1 / Monitoring near or identical to the names of the client in a number of areas,
2 / Monitoring of the name in newsgroups or “chats” to find out how people talk about a trademark;
3 / Monitoring a name originally booked by a third party and capture it the minute it is available again.
10. What is the cost of a domain name?
The cost of a domain name are reasonable because on average, the overall budget is about 6 € per month for a name in .com or .fr (including booking fees, registration, technical management).
11. What are the essential complements of the domain name ?
It is sensible and highly advisable to conduct a trademark filing in the classes of goods and services for your business.
Reserve a domain name, this may sound simple but it is important firstly to manage its domain names globally and effectively (as a portfolio of brands or patents) and secondly to be certain to own everyone of them. @MARK is able to assist you both legally and technically.