10/24/2008

When Web Developers Hold Your Domain Name Ransom

Domain Name Wire has a great article titled Web Designers Holding Domain Names Hostage.  This is an issue our domain name dispute lawyers see all the time.  The moment there is any sort of fee dispute, the web developer begins the process of holding the domain name ransom.  Alternatively, the web developer doesn’t want the customer to change services and essentially leverages the domain name against the consumer.  If the customer does not have trademark rights, and there is no contract which indicates who owns the domain name, there are inevitable problems.

… reminded of this problem (again) when reading a recent UDRP decision. The town of Easton, Connecticut filed a UDRP complaint against their web design firm, Lightning PC Inc. Lightning created Easton’s web site at EastonCT.org and registered the domain name in Lightning PC Inc’s name. Lightning pulled the plug on the site later when it said the town owed it money. The UDRP was denied because this really isn’t a cybersquatting case and Easton, CT doesn’t have a trademark to the EastonCT.

Regardless of who’s at fault in this case, this is one of the most common blunders I see companies make with domain names. I know of a case in Texas where someone spent tens of thousands of dollars getting a web site created. When she wanted to switch web developers, the company held the domain hostage and demanded more money to release it.

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Cybersquatting: 'How To' Resources

  • Anticybersquatting Consumer Protection Act - Wikipedia
    The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast signals by satellite (S. 1948). It makes people who register domain names that are either trademarks or individual's names with the sole intent of selling the rights of the domain name to the trademark holder or individual for a profit liable to civil action.
  • Typosquatting - Wikipedia
    Typosquatting, also called URL hijacking, is a form of cybersquatting which relies on mistakes such as typographical errors made by Internet users when inputting a website address into a web browser. Should a user accidentally enter an incorrect website address, they may be led to an alternative website owned by a cybersquatter.
  • Reverse Domain Hijacking - Wikipedia
    The term reverse domain hijacking refers to the practice of inequitably unseating domain name registrants by accusing them of violating weak or non-existent trademarks related to the domain name.
  • Uniform DomainName DisputeResolution Policy - Wikipedia
    The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP policy currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains.
  • Cybersquatting - Wikipedia
    Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else.

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