[BNM] [legal advice

[Oliver Marshall]

I've had this happen only a few weeks back with a client, whose domain was registered in the name of the owner of "piss pot ISP". He wouldnt release it, so we contacted the authority for that domain who was happy, after some paperwork was fedexed to and fro, to transfer full ownership and control to a new nominated ISP.
 
It certainly is possible to get it moved.

________________________________

From: bnmlist-bounces at brightonnewmedia.org on behalf of Nick Wilsdon
Sent: Thu 22/02/2007 13:59
To: joe at newforms.co.uk; 'Brighton New Media'
Subject: Re: [BNM] [legal advice



Joe wrote:

>>One of my clients had their name registered by an individual (but in his
>>name, not theirs!) - so he is the registrant, not the client

INAL but have seen these circumstances come up quite frequently.

Your client hasn't got a leg to stand on - sorry. The domain is legally
registered to this other individual not them. The 'owner/registrant' field
is the determining factor for ownership*

All they can do is go to court to claim ownership of the domain and then
show the relevant court ruling to the Registry (dispute procedures), i.e.
Nominet for .UK, Verisign for .com etc. Without this they will not help you.


The court is where you will need to show the receipts or documentation in
relation to your client purchasing the domain name. The Registry will not
act on this material directly (mostly because without a court order to back
them up, they open themselves up to a further lawsuit). 

*never ever let your web agency or hosting company buy your domain for you.
Even some of these DIY WHOIS privacy contracts that resellers pull off are
on the dodgy side if they replace your details with their own. Only ever use
Registry approved WHOIS privacy services.

Best Regards,

Nick

CEO
e3internet
http://www.e3internet.com <http://www.e3internet.com/> 

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