Domain name hijacked: how to recover it
Syreli, UDRP, formal notice: how to recover a domain name registered by a third party under a different extension.
.avif)
When you register a domain name, you choose a primary extension (.fr, .com, .io). Secondary extensions remain available to third parties, and some will not hesitate to register them — cybersquatters hoping to resell them to you, or competitors seeking to divert your traffic. Legal tools exist to respond.
A whois search (whois.domaintools, or the AFNIC service for .fr domains) allows you to identify the registrant. An initial email, followed by a formal notice by registered letter if there is no response, is the first step. For guidance on formal notices, see the article on responding to a similar trademark filing.
AFNIC created the Syreli procedure to enable IP rights holders to obtain the deletion or transfer of a domain name that infringes their prior rights (Article L45-2 of the French Postal and Electronic Communications Code). Ownership of a prior trademark is generally sufficient. The procedure costs €250 (excl. VAT) and takes approximately two months.
ICANN established the UDRP procedure for generic extensions (gTLDs). The complainant must prove that the domain name is identical or confusingly similar to their trademark, that the registrant has no legitimate rights or interest, and that the registration was made in bad faith. The procedure takes approximately sixty days and costs USD 1,500.
In the absence of a registered trademark, it is possible to rely on unfair competition or parasitism. However, these proceedings are more complex, longer and more costly. If the registrant is domiciled outside France, enforcement abroad via exequatur proceedings will be necessary.
A domain name registration should be accompanied by a trademark filing. This IP title considerably facilitates the recovery of a hijacked domain name. For choosing between a word mark and a figurative mark, see the article on word marks vs figurative marks. For the filing process, see the trademark filing guide and the intellectual property services page.
Cybersquatting is a real risk for growing businesses. The Syreli and UDRP procedures are effective and rapid tools for recovering a domain name, provided you hold a prior trademark. If you are facing this situation, book a call.
The Data Act is transforming SaaS customer relationships. I had the pleasure of discussing this on the CSMs & Co podcast: easier termination, data portability, end of lock-in... CSMs are at the heart of this transition.
Why and how a lawyer can structure CLM deployment in startups, securing contracts, templates and playbooks without an in-house legal team.
Let's build together to grow your business
I have been supporting software and SaaS companies for more than 10 years, to structure their business, protect their intellectual property and improve their contracts.
