News

14/04/2014 Infogreffe

Legal security: declare your domain name with the RCS so as this is indicated on the Kbis certificate

By declaring your domain name with the Trade and Companies Register (RCS) you allow visitors to your website to ensure the legal existence of the company whose site they are visiting.

Moreover, case law grants the holder of a domain name the right to initiate legal action for unfair competition against any reproduction or imitation of its sign (logo), subject to justifying previous use over said domain name. This previous use should be justified by all means.

Official indication of the domain name allows traders and professionals in e-commerce to provide a certain date and justify this in the event of any dispute, in an incontestable manner towards any third parties misappropriating use thereof. It is therefore essential to declare domain names attached to commercial operations immediately following entry on the RCS.

Declaration of the domain name is undertaken with the registry office at the Commercial Court, and does not require any justification (such as proof of registration with the AFNIC), nor legal publicity (Legal Publication Journal).  Whilst this is purely for the purpose of declaration, it is important to note that any incorrect declaration may lead to a fine of €4,500 and 6 months of imprisonment.

Moreover, it is established case law that a domain name may be affixed to a brand afterwards if this domain name "led to an effective operation in the form of a website".