Potential domain dispute

[jimbouk]

To cut a long story short, a previous member of a group controls 2 domains which should belong to the group. The member in question has hijacked one, and is just sitting on the other. One of these directly corresponds to the name of the group, the other is a shortening. The group has invested money in using these names and really needs control of the back.

So, any advice on how to proceed?

I was thinking start with a formal letter, then a nominet dispute. Is there something in the middle that wont cost hundred of pounds if it goes past mediation? And if it comes to it, can the money be claimed from the individual if they are found in the wrong (I'm guessing separate court action would be needed)?

[dave87]

How were they set up, and how were they paid for?

[mikerr]

Does "group" mean a trading company ?

(I'm assuming this is a .co.uk domain)

How exactly has he "hijacked" it ?
Was he doing the web design, and has changed passwords/ contact email ?


You probably have no chance on the shortened version, if he has registered that separately himself..

[jimbouk]

The group is currently 'Ltd'. They were registered by the individual when he was in charge in their name, they would have been paid for by them and then reimbursed (except for the last renewal for one which happened recently). The hijacked one is now pointing towards the individual's new competing website.

With hindsight everything should have been registered in the group's name, I'm sure they will be from now on!

ps sorry for being vague, this is a difficult situation.

[killie99]

let me get this right. For arguments sake the company is called GoldDiggerz and the domain is www.GoldDiggerz.co.uk and the shortened one is www.Diggerz.co.uk

Ex director of the company registered the 2 domains in his name and both were used for the business, not his private use? He has left Golddiggerz and has now redirected www.GoldDiggerz.co.uk to point to www.MyGoldDiggerz.co.uk and has taken down anything that was on www.Diggerz.co.uk?

If this is the case, I'd be getting a lawyer involved pretty damn quick if you're now losing business over this. I guess it'll depend on who a court determines is the rightful owner as it looks like your ex employee thinks he owns them.

[CWH]

The first thing I would do, is check with something like WhoIs to confirm who the domains are registered to. If the domains are in the Enterprises name, then you need to contact your Domain Registrar as soon as possible. If, on the other hand, they are in an individual's name, then you have no direct legal recourse and a Lawyer is a must.

Colin

[jimbouk]

Sadly they were registered by him personally and a nominet whois confirms this. Thanks for the advice, it does look like legal action or a nominet dispute are the only options, but the costs involved are pretty prohibitive. Live and learn I guess!

[mikerr]

Is the full domain exactly the same name as the trading company?
Is it a non generic term? (i.e. SmithsDiggers, not diggers )

Nominet is more likely to be a help if the company name and domain match and are non generic.

It does sound like lawyer route though.

[jimbouk]

The long domain name matches bar the 'Ltd', but if we do go for a dispute and it's contested then we need to stump up £750 which isn't really possible. For a large company this would be pennies, but I think this would break the bank.

[mikerr]

Is the *.com version registered? If not get it quick

There's also *.ltd.uk now as well.

[jimbouk]

Haha, yeah we're buying up domains and making sure the group is named in the registry so no-one can pull the same trick again!

[dirky]

Surely if you can 1) prove he was part of the aforementioned company 2) you are owner of the company 3) he was the one in charge of registering said domain - you should have some standing to
retrieve it from him? Especially if you have the claim form that he (did/maybe) put in for the domain? (ie, after he purchased it - did he claim it back? )

Edit: if he didnt claim it back then I guess he IS legal owner of it. although you can contest it I believe ..