Domain name advice please

[method111]

Hi there,

I'm currently helping a friend as a favour with her new business website where she sells Tarot cards, readings etc etc. Unfortunately there was a disagreement with her previous web designer who has taken down her website that she paid for, and that he created.

Previously her domain name was her actual name (to maintain her privacy will give a similar example) e.g. www. rosiedawson.co.uk which her previous web designer purchased the domain name on her behalf. As far as I'm aware she has no contract in place with him and I do not feel he will relinquish ownership of this domain name to her anytime soon sadly - it is a shame they have fallen out. However she has purchased a very similar domain name (almost exactly the same) e.g. www. rosiedawson.info due to the fact her clients know her name and it is as close as possible to the original domain name she had.

Along with the domain name, she would like her new website to have exactly the same name as her original website which he designed for her e.g. “Tarot with Rosie Dawson”. With the exception of artwork, images, photos, text etc that she supplied to him, no other materials/assets are being reused from the original website he designed for her.

Can I just ask/check that she wouldn't be infringing on any copyright/intellectual property claims? And her previous web designer would be unable to make any claims against her as such? I'm hoping as it is her business name that she originally choose, along with her actual name being used there shouldn't be any problems?

Many thanks in advance for any help/assistance anyone can offer me.

Chris.

 

[arnydnxluk]

There shouldn't be any issues providing you're not using any of the work created by the previous web designer. You may be able to pick up the .uk equivalent of the original .co.uk domain providing the original .co.uk domain was registered October 29th 2013 or later. I would go for that over the .info personally, assuming you're able to obtain it and the target audience is here in the UK.

 

[cumbriawebsolutions]

If the original domain name was registered with NOMINET you can still likely get that back - could be useful if this already had a search presence / domain authority.

Have a quick google for "NOMINET dispute" and it should be result #1

Best of luck!

 

[WebDesires]

You should definitely request the domain name is transferred to her control, contract or not there will be emails between her and him during the development process that she can use to prove that the domain name was for her use, she should after asking and strongly asking for it to be transferred threaten to take the developer to a small claims if he does not transfer it.

Then if he still refuses, take him to a small claims, I doubt he will be located anywhere near where she is, so that is in her favour, file the claims at a courts as far from him as possible as likely he will not show up which is an immediate claims win if he doesn't.

Well worth pursuing, .info domains are very poor compared to .co.uk and .com.

 

[Dimo]

Do you have to stay with co.uk? There are plenty of alternatives -

com
uk
biz
net
into

for instance.

 

[Ray272]

Absolutely no issue, if anything the web developer is infringing her copyright if she has supplied images and is hijacking her website. Had something similar some years ago where a US attorney accused us of attempting to extort money by owning a similar website to that of another company. this is illegal to do if your sole aim is to try to sell the domain to the company/person you are attempting to infringe upon. We rejected there claims based on a 5 year history of working with the US company with the same name. never heard back from the solicitor after that reply.

 

[NuBlue]

As @cumbriawebsolutions says, Nominet should be able to help transfer ownership of the domain, or at least provide a definitive answer as to why not.

The first thing you/they need to do is gather some details about the domain name registration. Go to https://who.is/ and key in the domain name. As long as they haven't requested the details be hidden, the results will show in whose name the domain has been registered, the address, etc. If any of your friend's details are in there, that's a good start and will help any dispute process.

Once you have those details, your friend can get in touch with Nominet's dispute team and they'll advise them further https://www.nominet.uk/contact-us/#contact

 

[arnydnxluk]

If any of your details are in there, that's a good start and will help any dispute process.

If the domain has been registered using the OP's friend's details, their email address has probably been used too. In this case, they can login to Nominet's website and pay £10+VAT to change the domain to another registrar, without going through any dispute process. Worth a try, although I'm assuming the designer will have used their own details.

 

[Page]

You may find that offering the previous lot £100 does wonders and sorts grief

Or it may excite them

So with it throw in the idea that you will pursue them for loss of trade etc

A phone call is best - you can then pick up the tone and attitude

I would phone them up - say why you are ringing - then shut up and see what they say - but have some notes on bits to say - but shut up after each one

People do not like silence and will often fill the gap