Designer buys domain for client and then takes it?

Discussion in 'Legal Issues' started by Anveto, Jan 27, 2010.

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  1. #1
    I have a client I'm working for in the state of Texas, the previous designer who stole the domain is also based in the state of Texas.

    The client hired the designer to make a website and register 2 domains for the client and my client has the receipts for the purchase. My client also has a DBA and copyright on the exact name for the domain, for example let say the domain name is markspixel.com (not the real domain in this case just an example). The client would have a DBA on MarksPixel and a copyright on MarksPixel and MarksPixel dot com.

    What can my client do to acquire the domain.

    We have tried to contact the designer and he wants a million dollars for it, clearly not being serious and not wanting to sell it, we tried. He has also blackmailed my client and made threats, these incidents have been reported to law enforcement.

    Please give me your advice.

    Best regards,
    Markus
     
    Anveto, Jan 27, 2010 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Given you tried to "work it out" with the other party but wasn't successful, it
    seems you only have two options left. Actually one option, but you file either
    one.

    Either a Uniform Dispute Resolution Policy (UDRP) or a U.S. Anticybersquatting
    Consumer Protection Act (ACPA) lawsuit. If need be, see a lawyer for them.

    Unfortunately, the registrar isn't going to mediate in a civil dispute like this.
     
    Dave Zan, Jan 27, 2010 IP
  3. dscurlock

    dscurlock Prominent Member

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    #3
    So basicly tough luck...the client should have registered his own
    domains, since he bought them, they are his now, the rest
    has to be taken up in court, i doubt it will go that far over a domain.
     
    dscurlock, Jan 28, 2010 IP
  4. Anveto

    Anveto Well-Known Member

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    #4
    Thanks, just wanted to see what my clients options are.
     
    Anveto, Jan 28, 2010 IP
  5. SmallPotatoes

    SmallPotatoes Peon

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    #5
    How can you copyright a domain name? Do you mean a trademark?
     
    SmallPotatoes, Jan 29, 2010 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    hire a lawyer.
     
    browntwn, Jan 29, 2010 IP
  7. xanth

    xanth Active Member

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    #7
    I've done this before and won. The best you can do is save the emails. Then go to WIPO and file a claim. The defendant will probably not put up a fight and, if he does, you have enough evidence to get back your domain. It will take some time and around 2000 US now I think (without hiring anyone) but you'll have it back. After that's done, sue him civilly for damages which will be a slam dunk based upon the WIPO win.

    The quickest potential way - a really good lawyer who knows how to handle idiots like this and make them realize that they are fish in a barrel that a decent attorney can also sue for damages. ;)

    This happens ALL the time unfortunately.
     
    xanth, Feb 5, 2010 IP