Milodomain
Cybersquatting: definition, examples and how to protect yourself in 2026
Cybersquatting consists of registering a domain name that reproduces a registered trademark, a company or a public figure, with the aim of reselling it at a high price to its legitimate owner, damaging its reputation or diverting its traffic. It is an old practice, as old as the commercial Internet, and still very active in 2026. This article details what the term covers, the forms it takes today, and the effective legal remedies to defend yourself against it.
Legal definition of cybersquatting
Cybersquatting refers to the bad-faith registration of a domain name identical or similar to a trademark, with the intent to derive undue profit or harm its owner. In France and internationally, case law applies three cumulative criteria:
- the domain name is identical or confusingly similar to a protected trademark;
- the holder has no right or legitimate interest in this name (no real activity, no coherent commercial use);
- the registration and/or use are made in bad faith (inflated resale, traffic diversion, deliberate brand damage).
Without these three elements, we are not talking about cybersquatting but about legitimate domain name investment, which is legal worldwide as long as no trademark is reproduced.
The main forms of cybersquatting
Beyond simple squatting, direct registration of a well-known trademark, several variants target different angles: visual confusion, typo inattention, geographic extension, subdomain. Knowing these patterns helps anticipate risks and structure a coherent brand defence.
Typosquatting
Typosquatting exploits common typing mistakes: amazn.fr instead of amazon.fr, gogle.fr instead of google.fr, facebok.fr instead of facebook.fr. The holder captures the traffic of distracted users and redirects it to advertising pages, phishing scams or competing sites. Very widespread on high-volume brands.
Combosquatting
Combosquatting adds a generic word to the trademark: amazon-official.fr, bnp-paribas-support.fr, lacoste-promo.fr. This technique is particularly dangerous because it imitates official brand communication, which often uses subdomains or enriched names for seasonal campaigns.
Geosquatting
Geosquatting plays on geographic extensions. An international brand registers brand.com but forgets brand.fr, brand.de or brand.pl. The cybersquatter files these variants to resell them to the brand or exploit the local audience. One of the most common angles on .fr in 2026, since the rise of cross-border e-commerce.
Homograph squatting
Homograph squatting uses Unicode characters visually identical to the Latin alphabet (Cyrillic, Greek) to create names that look legitimate. аррӏе.com (with a Cyrillic "a") looks like apple.com but points elsewhere. Advanced technique used in targeted phishing campaigns.
Famous examples
Landmark disputes have multiplied since 1995 and illustrate the diversity of cases: global brands against individual opportunists, celebrities seeking to reclaim their own names, French companies engaged in cross-border battles. A few cases serve as benchmark case law.
- panavision.com (1996): a US cybersquatter had registered the name and demanded USD 13,000 to return it. The federal court ruled in favour of the brand, a founding precedent in the United States.
- madonna.com (2000): Madonna obtained the return of the name held by a Dutch operator running an adult site. UDRP procedure.
- milkadeal.fr and other French copies (2010-2020): numerous SYRELI cases that returned names imitating major chains (Carrefour, Crédit Mutuel, Bouygues).
- covid19-vaccin.fr (2020-2021): wave of opportunistic squatting during the pandemic, several hundred names targeting pharmaceutical brands or donation appeals, partly returned via SYRELI.
Legal remedies in 2026
Three main routes are open to a trademark owner to recover a cybersquatted name, from fastest and cheapest to most expensive but legally broadest. The choice depends on the extension of the name, the available budget and the seriousness of the infringement.
SYRELI procedure (AFNIC, for .fr)
The SYRELI procedure is managed by AFNIC. It applies exclusively to .fr, .re, .pm, .tf, .wf, .yt domain names. Cost: 250 EUR excl. VAT. Timeline: approximately two months. Decision rendered by a panel of experts. Very effective for clear-cut cybersquatting cases on French extensions.
UDRP procedure (WIPO, for gTLDs)
The Uniform Domain-Name Dispute-Resolution Policy is managed by WIPO (World Intellectual Property Organization). It covers .com, .net, .org, .biz, .info and most new gTLDs. Cost: from USD 1,500. Timeline: approximately two months. Decision binding on ICANN-accredited registrars.
Standard court action
For complex disputes (quantifiable commercial damage, heavy brand harm, file outside SYRELI/UDRP scope), an action before the competent court is possible. It allows damages in addition to recovery, but typically costs several thousand euros and takes 12 to 24 months.
How to protect yourself upstream
- File your trademark with INPI (France) or EUIPO (European Union) before any public launch. Without filing, no enforceable right.
- Register the main variants at launch: .fr, .com, .net, and the obvious typos of the trademark. Limited annual cost (8-15 EUR per name), inexpensive insurance against disputes.
- Actively monitor similar registrations via monitoring services (DomainTools, MarkMonitor, or registrar free alerts).
- React quickly if detected: a SYRELI or UDRP file is all the stronger when bad faith is recent and well documented.
- Document bad faith: screenshots of the squatted site, resale offers, evidence of public confusion.
Buying an expired domain without cybersquatting risk
Buying an expired domain remains legitimate as long as the name does not reproduce a protected trademark. Before any acquisition, systematically check the INPI and EUIPO databases to ensure no registered trademark covers the name in your industry. A generic name (dictionary word, common business sector) is generally safe; a name resembling a known brand never is.
On a public auction platform such as Milodomain, manifestly problematic names are excluded from the catalogue. For the rest, vigilance remains the buyer's responsibility, and a prior analysis including trademark verification is part of the serious investment process.
FAQ, Frequently asked questions
What is the difference between cybersquatting and legitimate domain name investment?
Domain name investment consists of registering generic or descriptive names (common words, expressions, business sectors) to resell them. It is legal everywhere. Cybersquatting reproduces a protected trademark with no right or legitimate interest, with intent to harm or derive undue profit, it is forbidden and sanctioned. The boundary runs through the existence of a registered trademark and the bad faith of the holder.
How much does a SYRELI procedure cost in 2026?
The SYRELI rate is 250 EUR excl. VAT, paid to AFNIC at file opening. There are no compulsory lawyer fees: the procedure is designed to be directly accessible to trademark holders. Allow time, however, to build a strong file (trademark evidence, screenshots of the squatted site, demonstration of bad faith). The decision is rendered in about two months.
SYRELI or UDRP: which procedure to choose?
The choice depends on the extension of the disputed name. SYRELI covers only names managed by AFNIC: .fr, .re, .pm, .tf, .wf, .yt. UDRP covers international gTLDs: .com, .net, .org, .biz, .info, as well as most new gTLDs (.shop, .app, etc.). If your trademark is squatted across several extensions, you must open a separate procedure for each, in the appropriate framework.
Can a cybersquatter appeal a SYRELI decision?
Yes. A SYRELI decision can be challenged before the competent court within 15 days. In practice, appeals are rare because SYRELI case law is solid and well established. On manifestly good-faith files (non-existent trademark, real commercial use), the defendant has good chances of winning before SYRELI itself.
Can criminal proceedings be brought against a cybersquatter?
In France, cybersquatting is not an autonomous criminal offence, but can be qualified as trademark counterfeiting (article L716-1 of the Intellectual Property Code), punishable by fines and imprisonment. In practice, the criminal route remains rare and lengthy. Most disputes go through SYRELI or a standard civil action, which are faster and better suited to material redress.
How to check that a domain name does not infringe a trademark?
Three essential checks before buying or registering a name. Search the INPI database (data.inpi.fr) for French trademarks. Search the EUIPO database (euipo.europa.eu) for European trademarks. Search the WIPO Global Brand Database for international trademarks. If a trademark corresponding to the name exists in your sector, the acquisition carries a high legal risk.
Can a good-faith holder lose their name to a later trademark?
No, in principle. French law and SYRELI case law protect prior use: if you have held a domain name for several years for a real activity, and a later trademark claims ownership, you normally retain your right. The essential condition is to demonstrate effective and continuous use of the name, prior to the trademark filing.
Going further
If you are a trademark owner and want to act, see our detailed guide on the SYRELI procedure step by step. If you are an investor and want to secure your acquisitions, read how to analyse a domain before bidding. To browse available and vetted .fr names, visit the Milodomain catalogue.
