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RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
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Domain law deals with very specific issues relating to the legal treatment of internet domains. In most cases, these are copyright problems arising from the domain names used and, especially in Germany, quickly result in warnings and cease-and-desist declarations. The registrant of an Internet domain must take great care when it comes to clarifying possible legal problems. Well-known brand names are a taboo, but even legal grey areas such as misleading domains or similar-sounding names can cause problems.
Do you want to register a domain and be on the safe side legally? Are you the domain owner and have been warned by an alleged rights holder and asked to surrender a domain? Has a trademark-protected domain been snatched from under your nose via domain grabbing? In these cases, I can help you with domain law. As an experienced lawyer in domain law in Munich, I help both rights holders to enforce their rights and warned persons to defend themselves against claims for injunctive relief and damages.
Contact us for legal advice/initial consultation - in person, phone, video call.
A common mistake is to register a domain too quickly without first carrying out a comprehensive legal review. A specialized domain law attorney in Munich can conduct a trademark search in advance and assess the risk of potential legal infringements. This includes checking national trademarks registered with the German Patent and Trade Mark Office (DPMA), European Union trademarks and international trademark registers.
A legally secure domain strategy is particularly important for:
Proactive legal advice can help avoid costly cease-and-desist letters, court proceedings or the loss of a domain.
As already mentioned, the deliberate or even unintentional use of trademark names in domain names is not automatically permitted and can lead to legal disputes. However, the situation is often less obvious. City names or the names of public figures, for example, cannot simply be used without considering existing rights.
Even more problematic is so-called domain grabbing, where someone deliberately registers trademark-related domains with the intention of selling them to the trademark owner. Depending on the circumstances, such conduct can give rise to serious legal consequences.
Domain selection and registration: An attorney can advise companies and individuals when selecting a domain in order to avoid potential legal infringements. This includes assessing whether a domain could create conflicts with trademark or name rights and helping to select a legally unobjectionable domain.
Trademark and name rights review: Before registration, an attorney can check whether the desired domain infringes existing trademarks or third-party name rights. If the domain is similar to a registered trademark or contains a protected name, the rights holder may assert legal claims. An attorney can help prevent such conflicts and, where appropriate, suggest alternative domain names.
International domains: In the global Internet, domain disputes can also arise internationally, for example if a foreign domain infringes a company's trademark rights. An attorney experienced in domain law can take country-specific regulations into account and, where appropriate, take action internationally or pursue the domain through international dispute resolution procedures such as WIPO proceedings.
Defending domain rights: If an individual or company owns a domain and third parties attempt to assert claims against it, an attorney can help defend the domain. Professional legal representation is particularly important for domains that are essential to a company's business, such as name-based domains, keyword domains or domains with a long-standing reputation.
Enforcement of claims: If someone is using a domain that infringes the client's trademark or name rights, an attorney can assert the appropriate claims. This may be done by sending a cease-and-desist letter or through a dispute resolution procedure such as the UDRP (Uniform Domain-Name Dispute-Resolution Policy). Alternatively, the attorney can take legal action against the infringing domain.
Representation in dispute resolution proceedings: Many domain disputes are resolved through specialized dispute resolution procedures, such as UDRP proceedings under ICANN (Internet Corporation for Assigned Names and Numbers) or the DISPUTE procedure operated by DENIC for .de domains. An attorney can represent the client in such proceedings and initiate all necessary steps to protect the client's rights.
“Cybersquatting” and “Typosquatting”: Cybersquatting occurs when third parties register domain names that are identical or similar to well-known trademarks or names in order to generate profits or sell the domain at a profit. An attorney can help defend against such practices and enforce claims to the domain. Typosquatting involves domains that resemble well-known websites because of deliberate spelling mistakes, such as “gooogle.com” instead of “google.com”. Legal action may also be taken in such cases.
Domain blocking and seizure: In certain cases, a domain may be blocked or seized by authorities. An attorney can challenge such measures and, where appropriate, seek to have the blocking lifted.
Many companies based in Munich operate internationally. Domains with generic top-level domains (.com, .net, .org) are often subject to international rules and regulations. Proceedings under the UDRP (Uniform Domain-Name Dispute-Resolution Policy) are conducted, among others, before WIPO dispute resolution panels.
A specialized attorney advises and represents clients in:
Legal expertise is particularly important when German trademark law, EU law and international regulations interact.
The digital economy is developing rapidly. New business models, platforms and technologies regularly give rise to new legal issues. An experienced domain law attorney not only provides dispute resolution but also strategic legal advice.
For companies with a strong online focus in particular, domain law is a key component of risk management and brand strategy.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise for the domain law.
+49 (89) / 139 284 10