In the digital age, your domain name is an essential part of your online identity. A well-chosen domain name helps your customers find you and contributes to your brand awareness. But what if someone misuses your name or brand by registering a similar domain name? Below we discuss the options for protecting your domain name in Belgium.
What is a domain name?
A domain name is an alphanumeric representation of an IP address that points to your website. It consists of several parts:
- The hostname (mostly "www.”)
- The second-level domain (SLD) or stem (e.g., "yourcompany" in www.uwbedrijf.be)
- The top level domain (TLD) or extension (e.g., ".be," ".eu" or ".com")
The right to a domain name is in fact a right of use, and this right may possibly seize.
Thus, although a domain name is strictly speaking not a intellectual property rights is, the SLD may well contain a protected trademark or trade name.
Registration of a domain name
For .be domain names, registration is through DNS Belgium. Registration is done on a "first come, first served" principle: whoever comes first has priority. You must contact a registrar (domain name agent) who will submit your application to DNS Belgium.
Before registering a domain name, it is best to check:
- Whether the domain name is still available (via a whois database)
- Whether the domain name does not infringe existing third-party rights (brands or trade names)
- Whether the domain name is actually registered in your name and not in the name of your registrar or the IT service provider you use.
Cybersquatting: a growing problem
The simple registration system has led to a specific form of abuse: cybersquatting or domain name grabbing. Here, someone registers a domain name that is identical or very similar to a trademark or trade name Of another, with the goal of:
- Sell the domain name to the rightful trademark holder at a high price
- To benefit from brand awareness
- Harm competitors by luring customers away
A variant of this is typosquatting, in which domain names are registered that differ only minimally from well-known brands, capitalizing on typos made by Internet users.
Legal protection
1. Unlawful registration of domain names.
Belgium has specific legislation, contained in the Code of Economic Law (WER), which can be invoked in the event of the unlawful registration of domain names.
Based on Articles XII.22 and XII.23 WER, it is prohibited to register a domain name when:
- It is identical to or similar enough to create confusion with a distinctive sign (trademark, trade name, company name, etc.)
- The domain name holder has no right or legitimate interest in the domain name
- The registration was done with the intent to harm a third party or to gain an undue advantage from it
Proceedings can be initiated before the president of the court of first instance or company court in the case of a .be domain name. For other domain names the Belgian court is only competent if the domain name holder resides or is established in Belgium.
The president may order the cessation of infringement and order that the domain name must be cancelled or transferred to the claimant (XVII.23 WER).
Important: This legislation applies only to the registration of the domain name and not to its subsequent use.
2. Trademark law
As a trademark owner, you can also take action against a domain name based on the trademark law (Article 2.20 BVIE or Article 9 European Union trademark regulation), possibly in conjunction with Article VI.104 WER (prohibition of unfair market practices).
A trademark owner can take action against domain names that:
- Identical to the mark and used for identical products or services;
- Create confusion in the audience through similarity;
- Taking unfair advantage of or detracting from the distinctive character or reputation of the brand.
In doing so, the court can impose various measures, including ordering cessation of use and, in some cases, even transfer of the domain name
3. Alternative dispute resolution
In addition to court proceedings, there are also arbitration procedures that are often faster and cheaper:
- For .be domain names: CEPANI (Belgian Center for Arbitration and Mediation)
- For .eu domain names: Czech Arbitration Court
- For generic TLDs (.com, .org, etc.): WIPO Arbitration Center
These authorities can order the cancellation or transfer of the domain name when the domain name:
- Identical to or similar to your trademark or trade name
- The domain name holder has no rights or legitimate interest
- The domain name was registered and used in bad faith
Preventive measures
In addition to legal protection, you can also take preventive measures:
- Register your trademark or trade name as a domain name as well
- Consider registering variations (with different extensions or common typos)
- Monitor the Internet regularly for potentially infringing domain names
- Check regularly that your domain name registration is still active and renew in a timely manner
Conclusion
A thoughtful registration and protection strategy for your domain names is essential in the digital age. Choosing, managing and protecting a domain name requires attention and expertise. With the combination of specific domain name laws, alternative dispute resolution and trademark law, companies have powerful tools to protect their domain names.
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