Suing for return of a Domain Name?

[vagabondette]

I wasn't sure where to post this so feel free to move it to a more appropriate location.

I'm wondering if anyone has any experience suing for possession of a domain name. Not being sued but actually doing the suing.

I am working with a local non-profit and the domain name that they've been using for several years and which is the name of the organization is currently owned by a former employee. This person first lied about he fact that he owned the domain (he used a fake name on the registration) and has now admitted that he owns it but is now lying about his ability to transfer the domain name.

It's becoming increasingly clear that he does not want to give up control though we can't figure out why. The name is only valuable to the organization and he has not requested any kind of payment to transfer it back to us though we have offered to cover his expenses.

He is continuing to allow our site to be hosted on the domain and is even willing to update the name server to a new hosting company if we want to switch but he will not transfer control.

Obviously, having an outsider have control over the content of our site is not acceptable in the long-term. On at least one occasion in the past he has taken down the site and put up a for sale sign and there's nothing guaranteeing that won't happen in the future. At that time he also deleted all of the email addresses, databases, etc which cost the organization a lot of time and money.

Since he's being a dick we're probably going to have to sue him to regain control of the domain so I'm looking for advice and resources. The organization is a Mexican non-profit but the domain is a .org registered through a US registrar.

Does anyone have any suggestions or experience with this kind of thing? how long does it usually take? Would we have to sue him through the US or the Mexican courts? Do we actually have to sue him or can we just file a complaint with ICANN and, if so, under which policy?

Thanks in advance for any suggestions you can give.

[LB]

Talk to a lawyer.

That's the legal advice that is always the right answer.

More to the point, if the employee was instructed by the organization to register the domain in the name of the company and this was done during the course of their employment then there may be a chance it can be recovered.

If there is no sort of trademark issue involved, the issue gets cloudy. It may not be as easy to recover as it seems. ICANN is not going to get involved unless there is a TM involved or a court order.

Again, you need a lawyer who can accurately advise on this before you even consider a suit.

[Rich Struck]

The first thing I would do is have a lawyer send a NastyGram. You would be surprised what an evil sounding letter can accomplish.

[mohammad111]

If I were you I would go with LB and talk to a lawyer about it.

[vagabondette]

We're definitely going the lawyer route. The Director is going to DF next week to meet with them. I was just wondering if anyone else had ever gone through something like this and what their experience was.

This guy is such a putz. He just won't stop lying. My last letter to him provided all the facts about all the lies he'd been telling so I'll be interested to hear if he tries to keep up the charade or if he'll just admit that he's not going to turn over the domain voluntarily.

I could understand if this was a valuable domain or organization but the domain wouldn't make any money alone and the organization can barely pay it's bills.

[Kay King]

It's an interesting question as it seems he acquired the name while he was an employee and apparently allowed to do so - or it was part of his job.

I would talk to the lawyer before contacting this person again.

[Gene Pimentel]

It's going to boil down to who has the right to own the domain. Did this employee register the domain under the direction of the organization? Or did he own the domain on his own and allowed the organization to use it?

Side note: If he still has false information on the domain registration, that is a huge no-no with ICANN and you can file a complaint. If he does not comply, the domain will (likely) be taken from him. It's a serious issue.

[matts5150]

I've had this issue multiple times in the past when picking up new clients, old It guy registered clients domain in their name, client fires them they try to get even by not giving client domain, email goes does and he's no where to be found. Usually a simple threat of a lawsuit will work, although I've had a few that once threated with a lawsuit they just don't respond anymore. Then just contact the registrar directly, tell them x employee registered domain in his own name not companies name, they'll then contact the current domain owner, if they don't respond they'll give up the domain after so many days, although you'll have to fill out and sign some paper work. This has worked for me over and over. Hope this helps.

[DogScout]

I always make each client their own accounts for anything I do for them. I make a Google account and put all the info in a spread sheet. (User names, passwords, urls, nic names, everything.)
They fire me, I send them the Google account info and I am done!

Too much hassle any other way. (Though I have yet to be fired by a client... still looking forward to that honor. Lol)

[Killer Joe]

I've had to deal with this in the past where the person I paid to build our company website registered the domain in his name. That was back in the 1990's and I had to get a noterized statement from the individual saying he was giving the website to us before things could proceed. I think a lot of things have changed at this point.

You may want to check this link out if you haven't already...

ICANN | Uniform Domain-Name Dispute-Resolution Policy

KJ

[ItsDubC]

It sounds like things are in your favor but either way, good luck!

[sbucciarel]

You can go the UDRP Route
Uniform Domain Name Dispute Resolution Policy - Wikipedia, the free encyclopedia

[davezan]

Let me give a view from having been in the middle of this kind of dispute in a
previous life. It's one of the most common we handled.

Registrars generally don't know and care what happened outside the domain's
registration. They won't do anything until: a) a UDRP or court order to transfer
that domain name has been served on the registrar, and/or b) someone logs
inside the domain name to transfer ownership.

To that end, we consistently tell people to seek legal advice when ownership
disputes occur. We'd like to mediate, but...we don't want to be sued by that
client who thinks we did wrong if we transfer it without their consent.

Besides, civil disputes are best handled by resolution systems designed for the
said purpose, like courts and/or mediation panels.

[LB]

Side note: If he still has false information on the domain registration, that is a huge no-no with ICANN and you can file a complaint. If he does not comply, the domain will (likely) be taken from him. It's a serious issue.

I really wish that were true...I've reported so many of these to ICANN and not once has anything happened with it- even when the info was completely fictitious and obviously so. At best, ICANN notifies the registrar and the registrar usually does nothing.

[Gene Pimentel]

Originally Posted by LB

I really wish that were true...I've reported so many of these to ICANN and not once has anything happened with it- even when the info was completely fictitious and obviously so. At best, ICANN notifies the registrar and the registrar usually does nothing.

I know what you mean. Unfortunately, it depends on how much noise you make about it. The first obligation is with the registrar, then ICANN becomes involved if you keep on it and show that it hasn't been handled by the registrar. In some cases it may take a legal threat.