[BNM] [legal advice

[Alex Chapman]

I don't agree Nick (and I am a lawyer specialising in this stuff) 

Legally speaking (unless there is an agreement to the contrary) Joe's
client would be considered to be the beneficial owner of the domain name
and that is the main interest that she needs.

The fact that the name on the register is someone else's would not
matter in the eyes of the courts if the person who did the registration
was paid to do it.

I do agree with you that to get a decision Joe's client might have to go
to court but Joe, it might not be needed and a letter from us should
make the other person see sense.

Its also possible that the registry would do something off their own
back but many are quite risk averse and would wait for a court order.

Cheers

Alex





-----Original Message-----
From: bnmlist-bounces at brightonnewmedia.org
[mailto:bnmlist-bounces at brightonnewmedia.org] On Behalf Of Nick Wilsdon
Sent: 22 February 2007 14:00
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 
 
Please consider the environment - do you really need to print this
email?

 
 

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