Former employee buys name...

[WebForging]

***hypothetically***

Employee John Smith works for ABC Co. and is charged with monitoring a domain name for the company, slightly better than (and substantially similar to) the one the company has.

After leaving employ, Smith buys the same name. ABC Co. sees this in whois and contacts and Smith says, "It is yours for the right price..."

Legal issues? Recourse for employer?

 

[RJ]

Does the domain name contain the company's name or trademark? (ie: abcco.com) If so, legal advantage would go to the employer. Ex-employee would have no legitimate rights to the domain. Employer could file UDRP domain dispute and be awarded the name.

Otherwise if the domain is generic for the company's industry and does not contain a trademark, ex-employee would be the rightful owner. After leaving the company, he would have no responsibility to aquire the name on behalf of his employer.

 

[WebForging]

Legal resource recommendations to file UDRP domain dispute?

Employer could file UDRP domain dispute and be awarded the name.

Thank you for your post RJ.

I'll check the rest of NamePros for this, too, but have to ask:

1) is it hard / time consuming to file UDRP oneself
2) any recommendations for attorney; idea of cost for filing

Thanks.

 

[RJ]

Reference http://www.icann.org/udrp/udrp.htm

The two main resolution firms to file a dispute

http://www.arbforum.com/domains/ $1150 for a single-panelist udrp dispute
http://arbiter.wipo.int/domains/ $1500 for a single-panelist udrp dispute

Filing procedure: http://www.arbforum.com/domains/UDRP/filing.asp

The text of every UDRP for the past 5 years is online and available for your reading at that first link above. Yes, it will be time consuming. I'm of the belief that you could educate yourself enough about the process to file and/or respond to a UDRP yourself, but it's probably a good idea to hire a lawyer to review your documents before submitting. Keep in mind that everything you submit will be in the permanent public record.

 

[WebForging]

Thank you -RJ-

Thanks again, -RJ-. Quick question: is one stuck with the filing cost even if one wins?

 

[RJ]

Thanks again, -RJ-. Quick question: is one stuck with the filing cost even if one wins?

Yep, you pay that filing fee either way.

 

[AdoptableDomains]

If I were the company, I'd look over the whois dates very carefully. If it was obtained during employment rather than after, it might be considered part of the job and in effect competing with the employer while employed, or even a form of theft from the employer. There could be other laws and civil actions available in this case besides UDRP, even if generic. If in fact after employment, and a non-compete was signed, this could be another potential method of recovery as a viloation.

If a UDRP case, it seems to me to be pretty clearly a case of bad faith which would favor the company.

 

[WebForging]

More thanks.

Thanks "Adoptable" and again, -RJ-

This *hypothetical* not during time of employment, about 1 month after.

 

[armstrong]

If I were the company, I'd look over the whois dates very carefully. If it was obtained during employment rather than after, it might be considered part of the job and in effect competing with the employer while employed, or even a form of theft from the employer.

True. And not just the actual registration dtae for the domain. For example, if the domain was acquired via a SNAP service like Snapnames, then the date the SNAP was placed on the domain could also be crucial.

 

[WebForging]

Wow...excellent observation!

True. And not just the actual registration dtae for the domain. For example, if the domain was acquired via a SNAP service like Snapnames, then the date the SNAP was placed on the domain could also be crucial.

Excellent observation - thank you!

 

[primacomputer]

I would argue that the knowledge that the company was interested in this name is a trade secret. Presumably he is under some sort of ND/NC that will give this some real weight. As others have mentioned, if he used a snap service and placed the order before he left then I would argue that it was done on behalf of the company.

I'm not sure I'd even go the UDRP route. I think I'd present him with the evidence and a nice lawyer letter saying his actions constitute theft and that I intend on filing a police report. Then let him think about how much he wants to risk on his cleaver little prank.

 

[deu12000]

If he was under some kind of non-disclosure agreement or non-compete clause, getting the name within one year would also violate the agreement. One year is about the standard amount of time most companies use.

 

[WebForging]

bump - hoping the community attorney will post

 

[WebForging]

same

bump - hoping the community attorney will post

anyone?

 

[schepperer]

But you can guarantee the employee wasnt frustrated about his former job?

 

[Kodeking]

lets say I own a share of GOOG (Google's stock), would I be able to own a typo of google or a domain with google in it? I would have part ownership of the company, so souldn't I have the right?

 

[Dave_Z]

lets say I own a share of GOOG (Google's stock), would I be able to own a typo of google or a domain with google in it? I would have part ownership of the company, so souldn't I have the right?

Sure you can. But if your domain has even the slightest hint of commercial
use, coupled with owning a GOOG share, those details can be used against
you at UDRP.

 

[WebForging]

hmmm

But you can guarantee the employee wasnt frustrated about his former job?

I'm not sure what that statement means...

Frustration of (*hypothetical*) former employee is not the point.

**Squatting on domain name the company planned to acquire is the point.

 

[Kenny]

I'm not sure what that statement means...

Frustration of (*hypothetical*) former employee is not the point.

**Squatting on domain name the company planned to acquire is the point.

Was this a new reg or a purchase of an existing name or drop?
If it was a new reg, why hadn't the Company simply reg'd it?
If it was already for sale, why didn't they work the deal?
If it was a drop, did employee outbid them?

Employee John Smith works for ABC Co. and is >> charged with monitoring << a domain name for the company, slightly better than (and substantially similar to) the one the company has.

What was the Company waiting for?
From whom did said employee buy it from?
And if only slightly better, how much could it be really worth?

Still, John Smith reg'd in bad faith and should lose.

Peace, kp

 

[WebForging]

okay...

Was this a new reg or a purchase of an existing name or drop?
If it was a new reg, why hadn't the Company simply reg'd it?
If it was already for sale, why didn't they work the deal?
If it was a drop, did employee outbid them?



What was the Company waiting for?
From whom did said employee buy it from?
And if only slightly better, how much could it be really worth?

Still, John Smith reg'd in bad faith and should lose.

Peace, kp

Thanks -

Co. was waiting for expiration.
Former employee snapped up name on expiration...a drop some years back.
Thousands to perhaps ten thousand visitors a month is the worth.

*hypothetically*

 

[WebForging]

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