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Domain Name Disputes: UDRP, SYRELI and Cybersquatting

Complete guide to dispute procedures and domain name recovery

What is cybersquatting?

The cybersquatting (or domain name grabbing) consists of registering a domain name corresponding to a brand, a company or a personality, with the aim of reselling it, making a profit from it or harming its legitimate owner. It is a recurring practice that can seriously affect the reputation and security of an organization.

Dispute resolution procedures

To recover an improperly registered domain name, several extrajudicial procedures exist. They are often quicker and less expensive than traditional legal action:

The UDRP procedure (Uniform Domain-Name Dispute-Resolution Policy)

Established by ICANN, this procedure applies to generic extensions (.com, .net, .org...) and many geographical extensions. To successfully complete a UDRP proceeding, the complainant must prove three cumulative elements:

  • The domain name is identical or confusingly similar to a trademark.
  • The holder has no right or legitimate interest in this name.
  • The domain name has been registered and is being used in bad faith.

The SYRELI procedure (Dispute Resolution System)

Specific to domain names in .fr (and other extensions managed by Afnic), the SYRELI procedure allows the Afnic Director General to rule on a dispute in less than two months. Unlike the UDRP, registration OR use in bad faith is sufficient (not both cumulatively).

Steps to Handle a Domain Name Dispute

  1. Collecting evidence: Screenshot by bailiff (or digital report), historical Whois queries, proof of use of the brand.
  2. Legal analysis: Verification of prior art, analysis of bad faith on the part of the opposing party.
  3. Amicable attempt (formal notice): Sending a letter of formal notice (“Cease and Desist”) to the domain name holder.
  4. Filing the complaint: Launch of a UDRP, SYRELI or PARL procedure depending on the extension concerned.

Support from ANRDI

The National Regulatory Association (ANRDI) supports you in analyzing your disputes and directs you towards good practices to protect your digital assets. Do not hesitate to consult our guides or contact our team for any questions relating to the registration and monitoring of your domain names.