Domain registration alone does not permanently defeat your earlier rights. If the domain infringes your trademark or business name, you can rely on trademark rights or unfair competition protection and seek an end to its use, compensation and potentially transfer of the domain. The approach depends on whether you have a registered mark and how the domain is actually used.
Does domain registration create a right to the name?
Domain registration works on a first-come, first-served basis, but this does not allow the holder to appropriate another person’s name or sign. If you have an earlier right, particularly a trademark or business name, effective remedies are available. The key questions are whether the domain actually interferes with that right and how it is used.
How does a registered trademark help?
The owner of a registered trademark has the exclusive right to use it for their goods and services (Section 8(1) of Act No. 506/2009 Coll. on Trademarks). Without consent, a third party may not use an identical or similar sign in trade where there is a likelihood of confusion (Section 8(2)). Use expressly includes using the sign as a name, in business correspondence or in advertising (Section 8(3)). For unlawful interference, you may seek a prohibition and removal of its consequences, damages, appropriate satisfaction and restitution of unjust enrichment (Section 8a).
Can you act without a registered mark?
Protection is also available without registration if the other party acts in economic competition contrary to honest commercial practices. A domain misusing your name may constitute unfair competition (Section 44 of the Commercial Code), particularly creating a likelihood of confusion or free-riding on your business’s reputation where the holder benefits from it.
How to proceed
In practice, the decisive factors are whether and how the domain is used, such as a parked page, competing content or holding it for sale, and who has the earlier right. We usually begin with a formal demand to the holder and negotiations on transfer. If unsuccessful, the next step is litigation or a domain dispute under the registrar’s rules, potentially alongside a trademark application if you do not already have one.
Our domain law service covers domain disputes and demands, our trademark service handles registration and brand protection, and our intellectual property disputes service provides court representation.
This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
