Getting our .com back

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#660405 23-Jul-2012 15:02

If the developer registered the domain in his own name, you have virtually no chance of getting it back.

Best option is to make a financial offer to buy it off him, the dispute process via ICANN (as with DNC) is quite expensive, and going the legal route would be even more so.

So offering $1,000 or something probably the cheapest option. That or buy a new domain name or hope he doesn't renew the existing one.

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oxnsox

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#660407 23-Jul-2012 15:06

Folks I don't think it matters who or what the client is or does.

The relevance is that the original site developer registered 'the-clients-domain' in his name, therefore retaining not just control but ownership of the domain.

I suspect that it's a relatively unexplored area of law, and being a learning curve for the court/judicial system means it'll be a money-money learning curve as Mauricio suggests.

But I'd think that for the client it should be worth at least the cost of getting/taking an legal opinion on. Probably have some value to you (and others) also, as I doubt it's an isolated case.

mattwnz

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#660410 23-Jul-2012 15:08

chchrob: If the developer registered the domain in his own name, you have virtually no chance of getting it back.

Best option is to make a financial offer to buy it off him, the dispute process via ICANN (as with DNC) is quite expensive, and going the legal route would be even more so.

So offering $1,000 or something probably the cheapest option.?That or buy a new domain name and hope he doesn't renew.?

It would all depend on the value they put on the domain.If they already have the .nz domain, they could just abandon the .com. Many people use google anyway rather than typing in a domain. The developer may continue to keep renewing if they want, but they may just let it lapse.

I think the cheapest option would be the disputes tribunal, but not sure how easy to do if one party moves overseas.

timmmay

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#660414 23-Jul-2012 15:15

It's already been stated that the person already owns the .com and the .co.nz

reven

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#660415 23-Jul-2012 15:15

i was making a website for my mums work one time, and went to register their companies domain (this is back around 2000), but it was registered by the opposition. the company name was very specific.

long story short, they got lawyers involved and were able to get the domain. no idea how much it all cost, i was just the website guy.

but obviously this was all local.

so it can be done... lawyers usually scare people....

freitasm

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#660421 23-Jul-2012 15:30

It goes back to what I said before: time and money...

BlueShift

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#660428 23-Jul-2012 15:42

reven: i was making a website for my mums work one time, and went to register their companies domain (this is back around 2000), but it was registered by the opposition. the company name was very specific.

long story short, they got lawyers involved and were able to get the domain. no idea how much it all cost, i was just the website guy.

but obviously this was all local.

so it can be done... lawyers usually scare people....

Sure, but company names are different from personal names. Especially in a case like that where its the competition who have bought the name - that opens them up to all sorts of passing-off and trademark violations.
But the established precedents are fewer and less solid when it comes to personal names, although I'd expect given the circumstances, the employment history and the fact that it is her actual name, and (presumably) bears no resemblance to hers, she'd at least have a case to present.
She could also possibly stretch the fact that she uses her personal name as a business identity - I'm sure the Mike Pero website name would be treated differently than Mike Bloggs.

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networkn

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#660434 23-Jul-2012 15:49

In this particular case I believe she would have a reasonable case, as it would be seen as reasonable that she could have expected him to register it in her name, as without her request he wouldn't have registered it or have any reason for it. Given she owns the .co.nz and the .com points to the .co.nz and it's her name and part of her business identity, it would be relatively clear cut, but legal action is time consuming and expensive.

freitasm

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#660446 23-Jul-2012 15:50

In this case I think you will have to retain an attorney...

networkn

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#660447 23-Jul-2012 15:51

Well I'll chat to the customer and contact the authority and if that is the case she can make a decision based on that.

timmmay

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#660451 23-Jul-2012 15:56

Legal action is expensive, but advice and a letter to the person may not be. You're probably talking high hundreds rather than thousands for advice and a letter, at least that's about what it cost me for a copyright claim via an attorney in the UK.

LennonNZ

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#660454 23-Jul-2012 16:00

When someone registers a domain the person registering the domain has to follow the T&C of there Registrar and a lot of them have rules regarding problems like this..

I would check with the Registrar if I was you..

xpd

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#660459 23-Jul-2012 16:06

Stupid question, but I couldnt see it mentioned anywhere....

Has anyone actually asked the developer nicely to release the details to the "owner" ?

Everyone just seems to have dived into attack mode without getting the full story as such.

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timmmay

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#660468 23-Jul-2012 16:28

xpd: Stupid question, but I couldnt see it mentioned anywhere....

Has anyone actually asked the developer nicely to release the details to the "owner" ?

Everyone just seems to have dived into attack mode without getting the full story as such.

Third post in the thread goes into this.

kyhwana2

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#660470 23-Jul-2012 16:30

Ah, this all depends on the contract you (they) signed with the web developer.
If the web dev has a bit in the contract that they own the domains in question, then you're out of luck. (Next time, read the contract and insist you maintain control/own the domain names)

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