The case of the domain name : Afnic rules in favor of the Syndicat des Vins
Afnic (Association Française pour le Nommage Internet en Coopération), which is responsible for managing domain names ending in .fr, has issued its decision in the dispute between the Syndicat des Vins Côtes de Provence and the company AOC ET COMPANIES. What is at stake? The domain name <cotesdeprovence.fr>, registered since 2004 by AOC ET COMPANIES. The Syndicat des Vins, the organization that protects and manages the “Côtes de Provence” appellation d’origine contrôlée (AOC), contested this ownership, arguing that its registration and use infringed the rights guaranteed by law on this renowned wine appellation.
After analyzing the arguments of both parties, Afnic ruled in favor of the Syndicate and ordered the transfer of the domain name to its benefit. A look back at a landmark decision that illustrates the importance of protecting geographical indications on the Internet.
A domain name at the heart of the battle
The dispute concerned the website <cotesdeprovence.fr>, registered on May 17, 2004 by the company AOC ET COMPANIES, which specializes in IT services and website creation. For almost 20 years, this domain name was not used. But in March 2024, the Côtes de Provence Wine Syndicate took steps to recover this domain, believing that it constituted misappropriation of a protected AOC.
According to the Syndicate, the “Côtes de Provence” AOC, recognized since 1977 and enjoying a strong reputation in France and internationally, had to be protected against any unauthorized commercial or private use. In particular, it invoked Article L. 45-2 of the French Postal and Electronic Communications Code, which allows a domain name to be challenged in the event of infringement of rights protected by law, such as a geographical indication or trademark.
In April 2024, the Syndicate sent a formal notice to the Holder requesting the free transfer of the domain. In response, the latter refused, explaining that he was the legitimate owner and indicating that he was only willing to transfer it as part of a commercial transaction.
Faced with this refusal, the Syndicat referred the matter to Afnic via the PARL EXPERT procedure, an arbitration mechanism dedicated to disputes over .fr domain names.
The parties’ arguments
The Côtes de Provence Wine Syndicate: an infringement of legally guaranteed rights
The Syndicate argued that the registration and renewal of the domain name <cotesdeprovence.fr>:
- Infringed upon the “Côtes de Provence” AOC, protected by the Rural Code and Maritime Fisheries (article L. 643-1).
- Were likely to weaken or divert the reputation of this AOC by preventing the legitimate rights holders from using the domain name.
- Were the result of a registration in bad faith, since the holder had no connection with the wine sector and had never used it to promote an activity related to the appellation.
- Were motivated by a purely speculative interest, as the Holder had offered to sell the domain for financial compensation.
The Holder, AOC ET COMPANIES: a desire to preserve its rights
For its part, the company AOC ET COMPANIES rejected these accusations, stating that:
- It had been the legitimate owner of the domain since 2004, having acquired it entirely legally according to the “first come, first served” rule applied by Afnic.
- The acronym “AOC” in its trade name did not refer to “Appellations d’Origine Contrôlée” (Controlled Designations of Origin), but to its slogan “[Surname] Optimizes your Trade and Etc.”
- The domain name did not infringe the rights of the Syndicate, as it had never been used to promote wines or a competing product.
- The sale of the domain was not a sign of bad faith, but a direct consequence of the Syndicate’s efforts to claim its transfer.
The Expert’s analysis: abusive private use of the domain name
The Expert appointed by Afnic examined the arguments and evidence of both parties. Several factors weighed in favor of the Syndicate:
- The protected nature of the “Côtes de Provence” AOC: the Expert recognized that this appellation, governed by an official decree of 1977, benefited from legal protection and could not be used without justification.
- The perfect identity between the domain name and the AOC: the domain <cotesdeprovence.fr> completely reflected the appellation, which risked creating confusion.
- The absence of legitimate exploitation: the Holder had never used the domain for 20 years and had no connection with the world of wine.
- The sale of the estate: the fact of having offered the domain name for sale and of promoting it on a dedicated site was perceived as an attempt at speculation, which constitutes evidence of bad faith according to article R. 20-44-46 of the CPCE.
Thus, the Expert considered that the registration and use of the domain infringed the rights guaranteed by law and that it should be transferred to the Côtes de Provence Wine Syndicate.
A decision in favor of the protection of geographical indications
On September 10, 2024, Afnic confirmed the Expert’s decision and ordered the transfer of the domain name <cotesdeprovence.fr> to the Syndicat des Vins Côtes de Provence.
The decision was enforced after a period of 15 days, during which time the Holder may still initiate legal proceedings if they so wish.
This case illustrates the importance of protecting geographical indications on the Internet. Domain names, as strategic communication and marketing tools, cannot be monopolized for speculative purposes when they include designations protected by law.
Nevertheless, this decision raises questions, because it calls into question the ownership of a domain name registered for 20 years. Although foreclosure does not apply in this case, it creates real legal uncertainty for domain name holders. In this case, this situation can be explained by the lack of use of the domain name during this entire period. In general, establishing a system of limitation for this type of procedure would be appropriate in order to guarantee legal certainty.
Dreyfus Law Firm, with its expertise in intellectual property and domain name protection, assists its clients in defending their rights against the risks of cybersquatting and infringement of their IP rights. We act in UDRP disputes, analyzing each case from the perspective of trademark law and regulations specific to protected geographical indications (PGI) and controlled designation of origin (CDO). Thanks to our experience in the strategic management of domain name portfolios, we implement tailored solutions to anticipate, monitor and defend the digital assets of our clients, whether they are producers, professional associations or companies in the wine and food industry.
FAQ
- Can a registered designation of origin (AOC) be protected on the Internet?
Yes. An AOC is a distinctive sign protected by law. The registration of a domain name containing an AOC without legitimate justification may be contested by the organization in charge of its defense.
- What can be done if a domain name contains an AOC without authorization?
The AOC defense organization may take legal action or resort to extrajudicial procedures such as PARL EXPERT with Afnic for .fr domain names, or UDRP for international extensions (.com, .org, etc.).
- How does Afnic’s PARL EXPERT procedure work?
PARL EXPERT is a fast, out-of-court procedure for resolving disputes relating to .fr domain names. An expert examines the arguments of the parties and can decide on the transfer or deletion of the disputed domain name.
- Is it possible to register a domain name for the sole purpose of reselling it?
No. Speculative registration of a domain name, without the intention of exploiting it but with the aim of reselling it at a high price, may be considered as use in bad faith and give rise to a dispute.
- Can a domain name corresponding to an AOC be used by a company outside the sector?
The use of a domain name corresponding to an AOC by a company that has no connection with the sector concerned may be contested if it risks weakening or misappropriating the reputation of the appellation.
- What criteria can be used to prove bad faith in the registration of a domain name?
Bad faith can be established if the domain holder:
- Has no legitimate interest in registering it,
- Seeks to profit from the reputation of an AOC or a trademark,
- Offers the domain for sale after being contacted by a right holder,
- Does not actively exploit it for a long period of time.
- Can an AOC be considered as public property on the Internet?
No. AOCs are protected by legislation and cannot be freely used by third parties without authorization. They benefit from a specific legal framework that prevents their abusive appropriation.
- Can an organization that defends an AOC recover a domain name without financial compensation?
Yes. If the organization demonstrates that the registration of the domain name infringes the AOC, Afnic or a competent authority may order its transfer without any obligation to compensate the original holder.
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