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REGISTRATION DOCUMENT AND FINANCIAL REPORT - Iliad

REGISTRATION DOCUMENT AND FINANCIAL REPORT - Iliad

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6. OVERVIEW OF THE GROUP’S BUSINESS<br />

6.6 REGULATORY SITUATION<br />

The rules for allocating domain names are set out in the AFNIC’s naming charter. This charter and the allocation<br />

rules are updated regularly. The allocation rules currently in force are as follows:<br />

• the allocation of a domain name in each subdomain of the “.fr” domain is governed by specific rules;<br />

• persons identifiable in the online databases of court registries or of the INPI or the INSEE (companies,<br />

trademark owners, local authorities, professional associations) can register the domain names of their choice,<br />

provided they comply with the syntax rules and do not try to register a name which is included in the list of<br />

prohibited terms;<br />

• those registering domain names must ensure that their registration request is not in breach of prior rights held<br />

by third parties – particularly intellectual property rights or the right to a name – or of competition rules; the<br />

AFNIC does not carry out any checks in this respect;<br />

• the registration of domain names in the “.tm.fr” subdomain is only available to applicants who can produce a<br />

trademark registration certificate;<br />

• the “.nom.fr” subdomain is only available to individuals of French nationality or residing on French territory<br />

who wish to use their surname as a domain name; and<br />

• domain names can be registered using the “.com.fr” subdomain without the need to produce supporting<br />

documentation, provided that these domain names have not already been registered in another subdomain.<br />

Although the French courts have now accepted that the use of a term on an Internet site or as a domain name can<br />

infringe trademark rights, the outcome of any potential dispute in this area remains uncertain. This uncertainty is<br />

due in particular to the fact that the scope of trademark rights is limited, either geographically or by the type of<br />

products and services covered by the trademark registration, while the use of a term on the Internet can result in a<br />

risk of confusion or encourage unfair competition far beyond such limits.<br />

<strong>Iliad</strong> – Registration Document 2007 - 59

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