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I own company's domain name now they want transferred what can I do

Domain Names, Legal Aspects, Web Site company owns domain names

         

lexingtonclayw

7:11 pm on Jan 3, 2007 (gmt 0)

10+ Year Member



Good Afternoon All:

I own 3 domain names that I purchased for a client about 2 years ago. It was done as a "friend of a friend" type of thing. The web site was taken offline at their wishes (they messed something up with their main HQ for their company) and we made changes to correct the problem.

After the changes were made we lost contact with the company. We tried contacting via phone and email but were unable to make any headway.

2 days ago I get a rather nasty email saying since we have no interest in helping his company he wants the web site released to someone else in order for them to do the work.

Now, my partner as of right now physically owns all of the companies domain names and the web site code. (I also have the code but his name is on the domain names).

Can they technically try and get the domain names from us? As of right now they owe us 3 months of hosting fees at the bare minimum.

Do we have the right to ask for money for the domain names and code and if so how much can we charge and etc..... Since they were nasty we would like to stick it to them as much as possible but want to avoid the legal world as well.

cmarshall

7:26 pm on Jan 3, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I suspect you'll get a lot of feedback on this. There's quite a bit of case law.

They can probably fight for the domain names. It seems a toss-up as to whether or not they can get them.

As for the code, if they didn't sign a contract with you guys that transferred it to them, you are well within your rights to tell them to go p**s up a rope.

It would be a lot easier for both them and you if they just paid you what you want (assuming it's reasonable), and you transfer the domains to them. The code and the labor is another issue entirely.

The main gist of what I'm saying is that there are two distinct entities here: The domain names, and the intellectual property involved in the site code. If they think that they go together, then they are mistaken.

Keep an eye out for them stealing your code. If you allowed them to access the host, or it was simple HTML/Image/CSS code, then they could steal it. If they have not paid you for it, then they are breaking the law by using it; even if it contains their branding (the other side is that you could re-use the code, but if there are branding elements involved, you can't re-use them, as a trademark does belong to its registered holder).

If they did pay for it, and can prove it, then you don't have any recourse yourself, even if you are morally right. That's why people don't like lawyers.

leadegroot

1:19 am on Jan 4, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Well, you could try the approach of ignoring the nasty tone and come back with a 'oh thank goodness we've been able to reach you! we tried to contacted you on X Y and Z but were unable to talk to anyone who understood what we are doing. So happy to get back in touch - we have outstanding invoices for hosting and would like to know how you want to proceed :)"
Of course, you may just want to get away from them.
Remember the old rule - someone who is unhappy with you will tell 10 people, someone who is happy with you will tell 1...
Might be easiest just to bail and give them the domains at cost - without giving them any code/markup.

rocker

1:48 am on Jan 4, 2007 (gmt 0)

10+ Year Member



3 domain names that I purchased for a client

You stated that you purchased the domains for a client. If the client files a complaint with WIPO the domains will more than likely be turned over to them, as the trademark holder. Taking it to court will be quite costly. If I were you I would sell the domains to the client for a small reasonable amount and be over with it.

Just my opinion :)