We look forward to hearing from you. The best way to contact us is by phone or e-mail.
Contact
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
We look forward to hearing from you. The best way to contact us is by phone or e-mail.
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
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.
As already mentioned, the deliberate or even unconscious use of brand names in domains is not permitted and is now severely penalised by the courts. But often it is not so obvious - even city names or names of celebrities may not be used just like that. It is even worse if you intentionally register brand domains in so-called domain grabbing in order to then sell them to the brand owner. Here we quickly find ourselves in the context of coercion.
Domain selection and registration: A lawyer can advise companies and private individuals as early as the domain selection stage in order to avoid potential legal infringements. They will check whether a domain could give rise to conflicts under trade mark or naming law and help with the selection of a legally unobjectionable domain.
Trademark and naming rights check: Before registration, a lawyer can check whether the desired domain infringes existing trademarks or naming rights of third parties. If the domain is similar to a registered trade mark or contains a protected name, the rights holder could assert claims. The lawyer helps to avoid such conflicts and suggests alternative domain names if necessary.
International domains: In the global Internet, domain problems can arise internationally, for example if a foreign domain infringes a company's trade mark rights. A lawyer with experience in domain law can keep an eye on the country-specific regulations and also take international measures or take action against the domain through international arbitration courts (e.g. WIPO proceedings).
Defence of domain rights: If a person or company owns a domain and third parties try to assert claims to it, a lawyer can help to defend this domain. Especially for domains that are important for the company (name domains, keyword domains, domains with a long and good reputation, etc.), a professional defence is essential in order not to jeopardise the business model.
Enforcement of claims: If someone uses a domain that infringes the trademark or name rights of the client, a lawyer can assert claims. This can be done via a warning letter or through arbitration proceedings such as the UDRP (Uniform Domain-Name Dispute-Resolution Policy). Alternatively, the lawyer can also take legal action against the infringing domain.
Representation in arbitration proceedings: Many domain disputes are decided by arbitration tribunals, such as the UDRP proceedings at ICANN (Internet Corporation for Assigned Names and Numbers) or the DISPUTE proceedings at DENIC for .de domains. A lawyer can represent the client in such proceedings and take all necessary steps to secure the client's rights to the domain.
‘Cybersquatting’ and “typosquatting”: In cybersquatting, third parties register domain names that are identical or similar to well-known brands or names in order to make a profit or sell the domain for a profit. A lawyer can help to ward off such practices and enforce the claim to the domain. Typosquatting involves domains that resemble well-known sites due to typos (e.g. ‘gooogle.com’ instead of ‘google.com’). Here too, a lawyer can take legal action.
Domain blocking and confiscation: In certain cases, a domain can be blocked or seized by authorities. A lawyer can take action against such measures and, if necessary, have the blocking lifted.
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