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Thread: Domain name dispute
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11-27-2015, 02:20 PM #1WHT Addict
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Domain name dispute
Hi all,
My friend is Mr A and has this situation:
Mr A (new small business owner) asks Mr B (web developer) to build a website for his new business.
Mr A has purchased a domain name in his name and during the development process Mr B asks Mr A for the domain log in details and Mr A emails the login details.
Shortly after the website is live, Mr A and Mr B fall out. Mr A wants to find a new web developer but finds that Mr B has transferred the domain to Mr B's registrar. (Although Mr A purchased the domain he has never heard of the concept of "registrar" before.)
Mr A says to Mr B "I want my domain back".
Mr B replies "get lost!"
There are no trademarks etc involved, and the new business has very little history of trading. Can Mr A do anything here to get his domain name back?
Thanks...
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11-27-2015, 02:30 PM #2
I'd look for legal advice, for example the Digital Business Law Group at http://www.digitalbusinesslawgroup.c...FcMRHwodDAIH9A
He can get his domain back essentially because he's the owner of the business that website was about.█ ProlimeHost - Dedicated Server Hosting & KVM SSD VPS
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11-27-2015, 02:37 PM #3Web Hosting Guru
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Did Mr A register the domain using Mr B's name, and other contact details? If this is the case, then I'm afraid that this case is lost for Mr A.
I'm not even sure why developer needs an access to the domain registrar at all. For how long this was going? The reason I'm asking is that the domain cannot be transferred to another registrar if it was just registered, the domain can't be transferred if it's under 60 days old, that's an ICAAN policy.█ CanSpace Solutions - www.canspace.ca - Canada's leading domain registrar and web hosting provider
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11-27-2015, 02:40 PM #4Web Hosting Guru
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11-27-2015, 02:45 PM #5Mr A has purchased a domain name in his name█ ProlimeHost - Dedicated Server Hosting & KVM SSD VPS
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11-27-2015, 02:47 PM #6WHT Addict
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Thanks for replies...
No it was originally registered with Mr A's contact details but once it has been transferred those details can be changed can't they?
I'm not even sure why developer needs an access to the domain registrar at all.
For how long this was going? The reason I'm asking is that the domain cannot be transferred to another registrar if it was just registered, the domain can't be transferred if it's under 60 days old, that's an ICAAN policy.
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11-27-2015, 02:49 PM #7Web Hosting Master
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"Although Mr A purchased the domain he has never heard of the concept of 'registrar' before" makes me believe that he asked the developer to register it for him -and it was possibly never in the client's name. Legal action is like the only way to get name back and it will come down to contract law and their contract - or pay the developer to get it released.
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11-27-2015, 02:50 PM #8No it was originally registered with Mr A's contact details but once it has been transferred those details can be changed can't they?█ ProlimeHost - Dedicated Server Hosting & KVM SSD VPS
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11-27-2015, 02:56 PM #9WHT Addict
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11-27-2015, 02:59 PM #10Web Hosting Guru
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Sorry guys, I understood that Mr A registered the domain using Mr B's name. My apologies.
Then the only thing is to look up for some legal advice as Steve suggested, maybe you can contact both registrars (old and current one) and see if they can help in any way.
I hope your friend will get the domain back.█ CanSpace Solutions - www.canspace.ca - Canada's leading domain registrar and web hosting provider
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11-27-2015, 03:04 PM #11Web Hosting Master
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Options are; pay a lawyer, or pay the developer, but first contact the losing (original) registrar and file a dispute. If the client has the proper documents and can satisfy both registrars that it was unauthorized/stolen he may be able to have the transfer reversed. Who is the losing registar?
Transfer Dispute Resolution Policy (TDRP)
https://www.icann.org/resources/page...-2012-02-25-en
Godaddy example:
https://supportcenter.godaddy.com/Tr...rog_id=GoDaddyLast edited by Techno; 11-27-2015 at 03:08 PM.
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11-27-2015, 03:29 PM #12WHT Addict
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@ Techno ok thanks, I think the loser is 123-reg, I need to check...
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12-02-2015, 10:10 AM #13
Thing that concerns me is, was there any written contract between A & B about the development and domain name registration? If not, and the domain was initially purchased using B's contact info, and further the payment for the contract is unpaid (this is the big issue), I see a little chance of getting the domain back.
If the domain was purchased using A's contact details then before the transfer happened A received one or two emails asking for approval/disapproval of the transfer, which he complied by clicking on the approve transfer link or not clicking on the cancel transfer link. So, transfer of the domain process seems legit.
In any case, it will be a tough game considering the non payment of the developer. If the domain does not worth it, or not about any big brand, you can always go with a different TLD or name.█||||[ MechanicWeb.com - Shared Hosting | Reseller Hosting | KVM VPS | Dedicated Server ]
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