Domain Claim

[majorkontrapelo]

I'd like to know the legal action we can make on a certain situation...

I have a friend, owns a forwarding business. He's got a website and it is managed by a local company before but it now shows lot of problems due to hosting and viruses. The domain, which is the exact name of his business, is registered under the name of the developer. My friend asked me to take custody of the site but the problem is we can't find the previous developer to turn-over the domain to my friend or to my account so we can host it. The contact number and even the office of the old developer can't be reached anymore, even their email support and whatever...

What is the best thing to do here?

Registrar I think is bizcn.com?

 

[Dave_Z]

Naku. I'm all too familiar with that situation you described, majorkontrapelo.

Unfortunately your only options are to keep looking for that developer...or go
seek legal advice. If the domain name is indeed registered with that Chinese
registrar, it might make things more...challenging.

Good luck.

 

[AdoptableDomains]

First, to protect you as a last resort, place a backorder on the domain at all the places that take them. In the meantime, find a suitable alternate to use until and if you can get the domain back. Then...

1. Keep pursuing the named registrant by all means such as mail, email, phone, etc.

2. Gather any evidence that the company is the rightful owner. You could make a plea to the registrar to contact the named registrant. If they can't, they might be willing to accept evidence that they were acting only as an agent for the company in registering it. If your evidence can show receipts of paying them for it, you might have a legal case to get it if the other party can't be found. Even if not listed as the registrant, sometimes they will give control if listed as the domain Admin contact. It would be helpful to have a lawyer try these things.

3. If the registrant is actually missing and owes the company something such as non-performace of work after payment, you might get a court judgment against them and then go after the domain in court as an asset to attach to repay the debt or judgement.

4. If you have a valid TM claim from use, you could try to file a WIPO or UDRP. If they don't respond to the claim, you may win the name by default.

5. If all else fails, find an alternate name and hope to eventually catch it on a backorder.

Lesson: Don't ever let a host or web designer be listed as the registrant on a domain for you. A domain is no different than stock or a company vehicle. An asset of the company should be in the company name. You wouldn't put the title of a company car in the name of an employee, and this is pretty much the same thing.