WIPO Domain Name Dispute Resolution Service for .FR

Pursuant to Articles L. 45-2 and L. 45-6 of the French Electronic Communications and Telecommunications Act (“CPCE”), a complainant must demonstrate that the disputed domain name:

• - is likely to disrupt public order or violate principles of morality, or infringe any rights protected by the French Constitution or by French law; or
• - is likely to infringe intellectual property rights or personality rights, unless the domain name holder has a legitimate interest in the disputed domain name and is acting in good faith; or
• - is identical or similar to the name of the French Republic, of a local authority or group of local authorities, of a local or national institution or public service, unless the domain name holder has a legitimate interest in the disputed domain name and is acting in good faith

Article L. R20-44-46 of the CPCE provides a non-exhaustive list of examples of legitimate interest and bad faith

Article L. R20-44-46 of the CPCE provides a non-exhaustive list of examples of legitimate interest

Pursuant to 2° and 3° of article L. 45-2 of CPCE, the Domain Name Holder has a legitimate interest if:

1. It uses (or shows that he has prepared to use) the domain name in the context of an offer of goods or services
2. It is known under an identical or similar name to this domain name EVEN in the ABSENCE of rights
3. It makes non-commercial use of the domain name:

• with no intention of misleading consumers, or
• without damaging the reputation of a name to which a right is recognised or established

Article L. R20-44-46 of the CPCE provides a non-exhaustive list of examples of bad faith

The Expert considers a Domain Name Holder to be acting in bad faith if:

1. It has obtained or requested registration of the domain name primarily with a view to selling, renting or transferring it […] and not for the purpose of actually operating it;
2. It has obtained or requested registration of the domain name with the aim of damaging the reputation of the complainant or of a product or service similar to or associated with this name;
3. It has obtained or requested registration of the domain name with the primary aim of profiting from the complainant’s reputation by creating confusion in consumers’ minds

A complainant must demonstrate that it has standing (intérêt à agir) to file the complaint.

A complainant must also demonstrate that it fulfils the eligibility requirements to register .FR domain names

Courts of France

A complaint under the PARL EXPERT procedure can only involve one disputed domain name

Under the PARL EXPERT the panel consists of a single expert appointed by the WIPO Center

The pleadings and the annexes should be provided in French only

The expert shall decide the dispute exclusively in light of the documents and exhibits submitted by both parties without conducting further research

Complaints under the PARL EXPERT must be filed using the online platform available at www.parl-expert.fr

If the disputed domain name was subject to a previous SYRELI procedure it may not be the object of a PARL EXPERT procedure and vice versa

• - may use letters, numbers, and dashes;
• - may use the characters à, á, â, ã, ä, å, æ, ç, è, é, ê, ë, ì, í, î, ï, ñ, ò, ó, ô, õ, ö, oe, ù, ú, û, ü, ý, ÿ, and ß;
• - cannot begin or end with a dash, or have a dash in the third and fourth positions;
• - may have up to 63 characters