Domain dispute (limited company vs individual)

[jojomarie]

Hi

I run a company with my business partner, we both have 50% of shares each.

Because when we started working together we had not registered a limited company, we agreed that my business partner should just register the domain name for our company initially.

We now have a limited company and have been trading for like a year, the domain name holds the website for our limited company and even says like (C) x ltd at the bottom of the page.

However we are unfortunately looking to split up as we can't continue working together any more. He is however refusing to acknowledge that the domain name is owned by both of us/the limited company. I proposed transferring the ownership to the limited company but he is refusing to do so.

nominet are refusing to help here also which is not encouraging.

Is there anything I can do to stop him just having the domain and taking it away from the limited company and stopping me access my email address etc?

THANKS

 

[mis_chiff]

Moved to Legal Issues and Disputes.

I hope things work out for you.

 

[Kate]

What does the whois say ? If the domain name is registered to the company, then it's clearly a corporate asset.

 

[jojomarie]

the whois says an individual not the company.

but i bought the domain. i just put it in his name when we did not have the limited company

 

[Kate]

I see.
Nominet is not going to get involved as this is a private dispute.
I don't see a lot of options except suing for breach of trust maybe.
Unless... you can demonstrate the domain name has been inventoried as a corporate asset, or that the company paid the registration invoice at some point - anything that would establish the link with the company. But it's not going to be easy if the other party is uncooperative. Technically he's the legal holder of the domain name.

 

[jojomarie]

right. but i mean i transferred the ownership and now he is telling nominet to transfer it back

 

[labrocca]

You'll have to get a lawyer and begin a lawsuit if you want any real action.

Never create business parnterships on the web with people you don't know in real life. It's just a bad idea.

 

[jojomarie]

yes. it is all to easy to see this in hindsight!

 

[CurtisNeeley]

Hi
I run a company with my business partner, we both have 50% of shares each.
Is there anything I can do to stop him just having the domain and taking it away from the limited company and stopping me access my email address etc?
THANKS

There are several things you can do. They all require work. Asking your ex-partner if s/he will allow you to retain the email account as a forwarding account should require nothing except a tiny bit of data. It would be no cost to the other at all. Every artist at figurenude.com, which is a Master-of-Photography.us alias, has a forwarded email. I have no idea if they use it or do not. It cost me nothing but the labor required to set it up. I verify it as being received occasionally but they are under no obligation to assist and there is no benefit or penalty for a reply.

They could let you continue receiving mail from the domain without allowing you POP3 access.
Do not even think of a lawsuit because a business break-up is thought of like a divorce with no children. If s/he needs help setting up a forward only email have them contact me. I can do it with most website servers whether UNIX or Windows.

You should not expect a POP3 access because there is an implied endorsement of any emai you send then by them.

When you allegedly registered the domain in his/er name you may consider that the equivalent of wedding vows that you then thought would never be broken.

Wedding vows can be broken in terribly messy ways or extremely pleasant ways. I have done both and hope your split is as pleasant as my last divorce was.




.

 

[noy.com]

It sounds like you have the current ownership? Then what's the problem? The registrar won't transfer it back to him because he is asking without a proof.

Further, if you had paid the initial registration, try to get proof of that (online receipt, e.g. or through the registrar). Also, make screenshots of your website which shows that it belongs to the company and is its copyright.

Further, also see if the historical versions of your website are stored in archive.org and if it says about copyright there as well.

 

[cartoonz]

who owns the Ltd. according to your filing at Company's House?

THAT is who will ultimately end up with the name, assuming you are in the UK....

 

[PolurNET]

The fact that you guys "agreed" as business partners (presumably with an oral or written (e.g. email) agreement of some sort) to have him register the domain is a key factor in your favor. You do have a legitimate claim and a lawyer will be happy to sort it out for you. Believe it or not, this is a typical legal scenario for business partners, so there are a lot of precedents that will support your claim. However, you will need legal advice, and I do not recommend communicating with the registrar or your partner further.

 

[CurtisNeeley]

There are several things you can do. They all require work. Asking your ex-partner if s/he will allow you to retain the email account as a forwarding account should require nothing except a tiny bit of data. It would be no cost to the other at all. Every artist at figurenude.com, which is a Master-of-Photography.us alias, has a forwarded email. I have no idea if they use it or do not. It cost me nothing but the labor required to set it up. I verify it as being received occasionally but they are under no obligation to assist and there is no benefit or penalty for a reply.

They could let you continue receiving mail from the domain without allowing you POP3 access.
Do not even think of a lawsuit because a business break-up is thought of like a divorce with no children. If s/he needs help setting up a forward only email have them contact me. I can do it with most website servers whether UNIX or Windows.

You should not expect a POP3 access because there is an implied endorsement of any email you send then by them.

When you allegedly registered the domain in his/er name you may consider that the equivalent of wedding vows that you then thought would never be broken.

Wedding vows can be broken in terribly messy ways or extremely pleasant ways. I have done both and hope your split is as pleasant as my last was.
...
Before you seek legal help you should ask the ex to try to work out a non-legal and non-expensive way. Never speak to ANYONE besides the ex or an attorney.

......PolurNET does not recommend communicating with the registrar or your partner further.

I disagree with half of PolurNET's excellent advise. You can't be harmed by speaking with your ex as long as you are polite, honest, and not threatening. Speaking to the registrar is a HUGE mistake that implies an attempt to circumvent communicating with your ex to steal the name your ex could them assert. Asserting your alleged ownership to anyone besides an attoney or your ex will hurt the process unquestionably.

There are huge piles of precedent like PolurNET said. I hope you do not need an attorney to acomplish the obviously correct result.
Is the result obvious?

 

[cartoonz]

There are several things you can do. They all require work. Asking your ex-partner if s/he will allow you to retain the email account as a forwarding account should require nothing except a tiny bit of data. It would be no cost to the other at all. Every artist at figurenude.com, which is a Master-of-Photography.us alias, has a forwarded email. I have no idea if they use it or do not. It cost me nothing but the labor required to set it up. I verify it as being received occasionally but they are under no obligation to assist and there is no benefit or penalty for a reply.

They could let you continue receiving mail from the domain without allowing you POP3 access.
Do not even think of a lawsuit because a business break-up is thought of like a divorce with no children. If s/he needs help setting up a forward only email have them contact me. I can do it with most website servers whether UNIX or Windows.

You should not expect a POP3 access because there is an implied endorsement of any email you send then by them.

When you allegedly registered the domain in his/er name you may consider that the equivalent of wedding vows that you then thought would never be broken.

Wedding vows can be broken in terribly messy ways or extremely pleasant ways. I have done both and hope your split is as pleasant as my last was.
...
Before you seek legal help you should ask the ex to try to work out a non-legal and non-expensive way. Never speak to ANYONE besides the ex or an attorney.



I disagree with half of PolurNET's excellent advise. You can't be harmed by speaking with your ex as long as you are polite, honest, and not threatening. Speaking to the registrar is a HUGE mistake that implies an attempt to circumvent communicating with your ex to steal the name your ex could them assert. Asserting your alleged ownership to anyone besides an attoney or your ex will hurt the process unquestionably.

There are huge piles of precedent like PolurNET said. I hope you do not need an attorney to acomplish the obviously correct result.
Is the result obvious?

WTF Curtis?

First off, you already posted most of that.

Also, you're certainly not knowledgeable in British Law (you're still rather clueles in U.S. law, but that's another story).

And, last, you're not even addressing the original issue asked about... and the scanty bits that are relevant - you're completely wrong!

Please stop posting to threads that you obviously have no clue about. Your careless and ill informed opinions could most certainly be damaging to someone naive enough to believe them.