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  1. #1
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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...

  2. #2
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    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.
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  3. #3
    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.
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  4. #4
    Quote Originally Posted by SenseiSteve View Post
    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.
    The developer can remove the website, the issue here is the domain name, which was registered using the developer's name, contact details etc. I hope you're right, but unfortunately, I think that this is not going to happen
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  5. #5
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    Quote Originally Posted by CanSpace-Martina View Post
    The developer can remove the website, the issue here is the domain name, which was registered using the developer's name, contact details etc. I hope you're right, but unfortunately, I think that this is not going to happen
    Mr A has purchased a domain name in his name
    not the developer. This is what I was basing my answer on. If I read this wrong, my apologies. I know the developer can put a different site on that domain, but if the domain name relates to Mr A's business, I don't think everything is lost.
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  6. #6
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    Thanks for replies...

    Quote Originally Posted by CanSpace-Martina View Post
    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.
    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.
    Presumably for access to the DNS records to make the website live.

    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.
    More than 60 days - the domain has been successfully transferred to Mr B.

  7. #7
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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.

  8. #8
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    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?
    Regardless, Mr A should still have a purchase receipt.
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  9. #9
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    Quote Originally Posted by Techno View Post
    "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...
    Mr A purchased the domain in his own name - I think anyone can buy a domain (at godaddy etc) without needing to understand the concept of registrars. I just meant that Mr A was not familiar with the concept of domain transfers etc before hitting this problem...

  10. #10
    Quote Originally Posted by SenseiSteve View Post
    not the developer. This is what I was basing my answer on. If I read this wrong, my apologies. I know the developer can put a different site on that domain, but if the domain name relates to Mr A's business, I don't think everything is lost.
    Quote Originally Posted by Juc1 View Post
    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?



    Presumably for access to the DNS records to make the website live.



    More than 60 days - the domain has been successfully transferred to Mr B.
    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.
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  11. #11
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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=GoDaddy
    Last edited by Techno; 11-27-2015 at 03:08 PM.

  12. #12
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    Quote Originally Posted by Techno View Post
    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=GoDaddy
    @ Techno ok thanks, I think the loser is 123-reg, I need to check...

  13. #13
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    Quote Originally Posted by Juc1 View Post
    Mr A purchased the domain in his own name - I think anyone can buy a domain (at godaddy etc) without needing to understand the concept of registrars. I just meant that Mr A was not familiar with the concept of domain transfers etc before hitting this problem...

    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.
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