RE: Who owns what?

by "Jami Moore" <jami(at)jamisniche.com>

 Date:  Wed, 17 Sep 2003 04:26:16 -0500
 To:  <hwg-techniques(at)hwg.org>
 In-Reply-To:  earthlink
  todo: View Thread, Original
Cbirds,

I am sorry you and your client are going through this. On another list
that I am on we have discussed this over and over. My suggestion is to
have your client contact a lawyer who specializes in internet law. ICANN
provides processes for disputing/resolving a domain name conflict.
According to their faq:

Someone else has registered my company's name as a .com domain name.
What is the process for resolving my complaint?

All ICANN-accredited registrars follow a uniform dispute resolution
policy. Under that policy, disputes over entitlement to a domain-name
registration are ordinarily resolved by court litigation between the
parties claiming rights to the registration. Once the court rules who is
entitled to the registration, the registrar will implement that ruling.
In disputes arising from registrations allegedly made abusively (such as
"cybersquatting" and cyberpiracy"), the uniform policy provides an
expedited administrative procedure to allow the dispute to be resolved
without the cost and delays often encountered in court litigation. In
these cases, you can invoke the administrative procedure by filing a
complaint with one of the dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm. For more details on
the uniform dispute resolution policy, see
http://www.icann.org/udrp/udrp.htm.

On the other list, people have had a their clients ask for the domain
names to be transferred to them, for a reasonable price, and if that
hasn't worked, contacted their lawyer and begun the dispute process.

I hope this information helps some.

Jami Moore
LightSpark Digital Designs
contact(at)lightsparkdigital.com
http://www.lightsparkdigital.com/


-----Original Message-----
From: owner-hwg-techniques(at)hwg.org [mailto:owner-hwg-techniques(at)hwg.org]
On Behalf Of cbirds


.......after dealing 
with the owner and his "staff" and being unable to find solutions to
some of the 
things I wanted to do, she finally got fed up and asked me to transfer 
the domains to a new server where we did have services I could work 
with. The owner, beginning to realize already that we were not happy,  
told me he would understand if we felt we needed to move elsewhere.
It never dawned on me, but I just got an email from the woman and she 
says that he is OK with us moving the domain to a new server and that 
he would still be happy to "rent" it to her.. I looked up the domains
and 
he owns all three! I wonder if he ever told her that she did 
not actually own those domains?

So, how to get around this?  Since the domain is her daughter's name
(she is the performer) doesn't she have 
the rights to it?

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