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Registrant of a .COM Registrant Organisation or Registrant name?

Discussion in 'Domain Name Disputes' started by kate-brownhill, Feb 3, 2015.

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  1. kate-brownhill United Kingdom

    kate-brownhill Active Member

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    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?
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. accelerator United Kingdom

    accelerator Well-Known Member

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    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
     
  4. Skinner

    Skinner Well-Known Member

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    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.
     
  5. kate-brownhill United Kingdom

    kate-brownhill Active Member

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    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.
     
  6. accelerator United Kingdom

    accelerator Well-Known Member

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    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
     
  7. sdsinc Iceland

    sdsinc Active Member

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    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.
     
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