Registering a domain name that's only slightly different from an existing website can carry legal risks. Whether this is permitted depends on several factors, such as trade name law, copyright, and the risk of user confusion. Below, we explain what you should consider.
Legal rules regarding domain names
The following legal rules apply when registering a domain name:
-
Trade name law
- Under the Trade Name Act, a domain name may not infringe on another company's trade name. For example, if your domain name closely resembles an existing company name, this could lead to confusion and potentially be unlawful.
-
Trademark law
- If your existing website is linked to a registered trademark, you cannot register a domain name that contains or closely resembles the trademark. This could be considered trademark infringement under the Benelux Regulation on Intellectual Property (BCIP) .
-
Copyright
- Copying (parts of) the name of a copyrighted website can cause problems. This applies, for example, if the name is creative and original.
-
Unfair competition
- Registering a domain name with the intention of capitalizing on the reputation of an existing website or business is considered unlawful conduct. This can be addressed through the Unfair Commercial Practices Act .
When is registration allowed?
You can register a domain name that is similar to another if:
- The name is generic and not linked to a brand or trade name (for example "bakkerij123.nl").
- The change in the domain name is sufficiently distinctive. This means the difference must be clear and prevent confusion among users.
- There is no malicious intent, such as trying to attract traffic by capitalizing on the reputation of an existing brand.
Possible risks
-
Risk of confusion
- If your domain name confuses users because it resembles a well-known website, you could be sued. Consider situations where customers think your website is part of a well-known company.
-
Domain name hijacking (cybersquatting)
- Registering a domain name that resembles an existing trademark or trade name, with the intention of selling it later or misleading users, is illegal.
-
Legal cases and claims for damages
- A company or trademark owner can file a complaint with the WIPO (World Intellectual Property Organization) or initiate a civil lawsuit to take over the domain name and claim damages.
What are your rights?
- You have the right to register a unique domain name, as long as it does not infringe on any existing rights.
- If someone falsely claims that your domain name is infringing, you can take legal action.
- If you have any doubts, you can consult a legal advisor beforehand to check whether your chosen domain name complies with the regulations.
Conclusion
Registering a domain name that's slightly different from an existing website is only permitted if it doesn't infringe on any trade name, trademark, or copyright, and doesn't cause confusion. If in doubt, exercise caution and seek legal advice to avoid problems.
