Ethical Question : Former Partner is unwilling to part with domain name.

10 replies
Last year me and my former partner went our separate ways, She laid claim to the main website as it was in her name and asked me to come on board as a partner. We decided to target a niche market together, I came up with the market, researched it, found some great connections via my family and I came up with the domain name. She purchased the domain name since she already had hosting and started on the website but never finished it. After 8 months of waiting on her to finish the website, she stopped all communication and refused to talk about the business. She would stress that she had financial problems and it was never a good time to talk.

As I was having financial problems as well I decided to take all of the marketing knowledge I used and started a new niche site creating videos for internet marketers.

Now I finally have the resources to begin going after that first niche which is still very lucrative. I asked her if she was interested in doing work, but she's back in school trying to get her masters. I offered to buy the domain name from her, but she refused and said it was hers.

So my question is this, is it ethical for me to create my own site with a similar name in the same niche and peruse that market? Do I owe her any consideration? Honestly I'm kinda angry right now as I just got through talking to her...and I feel like buying up a few domain names with just a word or two changed and going all in on burying her for this. All she did was register a domain name(which I came up with), and not complete a site (8 months and all you have is the index page done? Really???)...I did the design work, the research and I still have my contacts. I felt like I was being fair offering to buy it from her. Maybe I shouldn't have said anything at all and just went for it. What say you?
#domain #ethical #part #partner #question #unwilling
  • Profile picture of the author l3vi501
    Nothing wrong with buying another domain. Frankly If you have any proof that you two started a venture together and she split, I would plop 40 bucks in small claims and get the domain or have her buy out your share of the domain.
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  • Profile picture of the author thriftgirl62
    Go with your gut feeling. Do the right thing. When it feels right,
    none of this will bother you anymore. No deed goes unpunished.
    Good or bad, everyone gets what they deserve.

    Be nice. It will be worth it in the long run.
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    I retired in 2005 at 43 and now I give away websites like these for FREE [hosting excluded]

    When you make at least $100+ per month, we split the profit 80/20 and YOU get the 80% Until then, you keep 100% and I'll help you drive traffic, get backlinks and put the domain in your name too!
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    • Profile picture of the author azombay
      I see you owing her nothing. If anything you went above and beyond. Start your own competitor site to hers with a clear conscience. And, remember that a partnership agreement (even one written by hand at the kitchen table) will go a long way toward avoiding situations like this one.
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  • Profile picture of the author Nick Lotter
    I agree with the comments above, I don't think it would be unethical at all to have a go on your own based on what you've said.

    However, my advice would be to listen to your conscience. Our conscience is normally a good indicator. If you feel uneasy about it, maybe you could lay it all on the table with her and tell her you can't wait for her any longer and are going your own way. That way, you've been honest with her and your conscience will be clear.

    Having said that, I take it you don't have a written contract with her or binding agreements, so as far as I see it you are under no obligations.
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    "Do not wait to strike until the iron is hot; but make it hot by striking."
    William Butler Yeats
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  • Profile picture of the author eflo
    failed partnerships happen all of the time, if her end was the website design and your end was the research, as long as you're obviously not taking any intellectual property (ie: logos) that she has created (if anything at all) then you're in the clear. Your research and what not stays yours, and her design stays hers. There's always room for more than one player in a niche.
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  • Profile picture of the author CliveG
    Your post does not state which legal jurisdiction you are in and this is basicly a legal and not simply an ethical issue. If you are talking significant amounts of money here get proper legal advice otherwise you could end up having to give away half what you thought was your business and pay legal costs as well.
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  • Profile picture of the author sbucciarel
    Banned
    I can't see any reason why you shouldn't start your own site as long as you don't use content she created. The partnership is failed and obviously, she didn't live up to her end of the bargain. That doesn't mean you have to give up.

    If she didn't finish the website, I seriously doubt that she went to the expense of acquiring a trademark for the domain/company name, but you can check that at TESS, if you don't know.
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  • Profile picture of the author underthegun
    Looks like many have given you your answer. Do it. It's competition not a charity.
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  • Profile picture of the author David Louis Monk
    If you have done all the research and come up with the product, then this is something you can easily do again and if you build a website the chances are it will have different content so will not be a duplication.

    Does your ex-partner have traffc generation skills or else her website is going to remain inactive and unprofitable?

    If you lack skills, you can always outsource the job to someone who has the skills. Capitalize on your product creation skills and forget what your ex-partner is doing and pick any domain that is available.
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    David

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    • Profile picture of the author swilliams09
      Thanks for the feedback guys.

      Frankly If you have any proof that you two started a venture together and she split, I would plop 40 bucks in small claims and get the domain or have her buy out your share of the domain.
      I have no proof other than my name listed on the index page as "co owner".

      Having said that, I take it you don't have a written contract with her or binding agreements, so as far as I see it you are under no obligations.
      I have no legal agreements or written contracts. I'll never enter a partnership again without one. Lesson learned.

      Does your ex-partner have traffc generation skills or else her website is going to remain inactive and unprofitable?
      No. She has no traffic generation skills and to be honest she's pretty lazy. I would imagine if I remained quiet about it and didn't raise a stink and spent six months getting my business out there, by the time she found out she would probably just drag my name through the mud and moan about it and do nothing.

      I appreciate the feedback guys. I had to sleep on it and give it some thought, they say never make decisions when you're angry. In the cold clear light of day I feel like I'm doing the right thing by coming up with an new name and moving forward with it.
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