Registrant of a .COM Registrant Organisation or Registrant name?

[kate-brownhill]

Simple question really which I cant seem to find a clear answer to.

There is a situation where a valuable .com domain was, due to carelessness, registered in the name of the company's ex-employee. The Registrant Organization, address, number etc all belong to the organisation. The email is the ex-employee email address. Who has rights for the domain?

 

[accelerator]

So, you are saying the Registrant Name for the domain is showing as the ex-Employee's name on the WHOIS? If that is the case, then technically, according to the WHOIS, the domain is owned by the ex-employee.

However, who paid for the domain originally and under whose instructions and time was the domain registration made? If the company asked the ex-employee to register it for them under company time, then the ex-employee should have registered it to the company, and the company would have a very strong case for ownership of the domain.

This is not legal advice, I don't actually know for sure the legal arguments.

Rgds

 

[Skinner]

Assuming the ex-employee isn't playing nice, I suggest you get real legal, real nasty and real quick. UDRP's are very costly and time consuming, so soon as the ex-employee starts being a tool, get out the sledge hammer and flatten it.

I would say, same as above, if the ex-emp was tasked with regging the name by the company, and the company paid, they would have a good case.

If the employee bought the name themselves and let the company use it, well he owns it.

 

[kate-brownhill]

Thanks for the advice. I think im going to try and contact ICANN for an official line on this. Will post here if I get a definitive reply.

 

[accelerator]

Did they register the domain at the request of the company and while they were working on company time? Also, who paid for the domain?

Rgds

 

[sdsinc]

The first question is: who has control of the domain now ?
The domain might be listed under the name of a former employee, but assuming the company can manage the domain through a web interface (with user + password), the whois can and should definitely be amended.

If not, you may have to seek legal counsel.