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May 18 2008   10:38AM GMT

Domain name ownership rights



Posted by: Yusuf Salwati
Trademarks, Copyrights, Internet Law, Domain name

In my last post, I talked about the problem facing my company regarding our domain name, basically, some IT guy who worked with our company as IT consultant decided to register our company domain under his name, and now he is black mailing us, asking us to pay him money in order for him to release the domain to us.

This case got me thinking about the latest development in this field, what the law says about domain names? Are they protected by any copy rights? If the company business name is officially registered with the local chamber of commerce or the local court, would that automatically give them the rights over companyname.com domain name?

We all heard in the early ages of the internet about how big corporations would pay millions for domain names; Is there any development on the legal side of this issue?

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StrathclydeForensics  |   Jul 8 2009   1:11AM GMT

I do not know if you have resolved this issue, but I would suggest the following:

1. Domain names are registered on a first come first served case (REMEMBER THIS)
2. Every registrar has their own dispute procedures (READ THEM)
3. If he registered the domain under his name, but you paid for the actual registration fee (or he charged you for that) then you have ownership. It is if you gave someone to buy a laptop for you. You paid it, it is yours.
4. Have your lawyers sue him for breach of trust

At the same time, if he hosts your email servers and accounts you are in big trouble. He can read, copy, and sell any email info he wants.

What I suggest is that you find a very similar domain name. i.e., if your domain is <a href="http://www.yusufcompany.com" title="http://www.yusufcompany. " target="_blank">www.yusufcompany.com</a> then register <a href="http://www.yusuf-company.com" title="http://www.yusuf-company. " target="_blank">www.yusuf-company.com</a> and also all the relevant domains (.net, .biz, and if you work internationally the relevant domain names abroad like .ca for Canada, .it for Italy or .co.uk for the UK).

Have you emails change over a weekend and email your business partners on Monday morning.

If he is hosting your company site (your details, your logos etc) that you can have them removed with a court order

If you regain your old domain name, have it also point towards the same site

so you can have

 <a href="http://www.yusufcompany.com" title="http://www.yusufcompany.
" target="_blank">www.yusufcompany.com</a>
 <a href="http://www.yusuf-company.com" title="http://www.yusuf-company.
" target="_blank">www.yusuf-company.com</a>
www.yusuf-company.eu
www.yusufcompany.co.uk
 <a href="http://www.yusufcompany.biz" title="http://www.yusufcompany.
" target="_blank">www.yusufcompany.biz</a>
 <a href="http://www.yusufcompany.net" title="http://www.yusufcompany.
" target="_blank">www.yusufcompany.net</a> etc

The more you have registered, the more secure your brand name is. Try not to leave people like him open doors.

I hope it helped

Regards

Vassilis Manoussos
E-Crime Consultant
www.StrathclydeForensics.co.uk


 

Linkan  |   Aug 1 2009   8:23AM GMT

I registered My Domain name in the site .