Issue with Domain name ownership/management
Discussion
I purchased some domains for a business I went into semi-partnership with (nothing written), it has decent natural listings in Google etc from the seriously aggressive marketing campaigns I carried out over the years which they had zero input into (and I never invoiced them for the SEO, Domain costs etc).
However the other partner has decided they want to get my services from someone else due to recent differences (i.e. they wanted hugely increase the costs they pass on to me which leaves me with little to no margin) and it looks like I will ended up significantly out of pocket.
The new supplier is now linking to the website which I point the domain-name at. Which is kind of grating that they are now getting all the benefit of all the hard work I put in. (To add, there is no copyright or trademark on the domain name).
Just wondering where this stands? I'd like to just park the domain and tell them to get another, but don't want to end up in a legal fight down the road... Or just let the domain expire/sell it.
Or do I just transfer over without a fight and chalk it up to experience?
However the other partner has decided they want to get my services from someone else due to recent differences (i.e. they wanted hugely increase the costs they pass on to me which leaves me with little to no margin) and it looks like I will ended up significantly out of pocket.
The new supplier is now linking to the website which I point the domain-name at. Which is kind of grating that they are now getting all the benefit of all the hard work I put in. (To add, there is no copyright or trademark on the domain name).
Just wondering where this stands? I'd like to just park the domain and tell them to get another, but don't want to end up in a legal fight down the road... Or just let the domain expire/sell it.
Or do I just transfer over without a fight and chalk it up to experience?
Edited by Brother D on Tuesday 22 August 21:45
If the domain is registered to you and the business relationship is over, then sell the domain.
I would get a valuation for it, then give first refusal to the partner. If he says no, put it on the open market. If the site gets a good amount of traffic and does well in SEO rankings, it will be worth a tidy little amount.
I would get a valuation for it, then give first refusal to the partner. If he says no, put it on the open market. If the site gets a good amount of traffic and does well in SEO rankings, it will be worth a tidy little amount.
Who is the domain registered to? Did the company pay for the domain?
Regardless, I'd say it's a bit of a grey area. I'm sure the business could argue that the domain was bought for company marketing purposes... I wouldn't want to call it either way if it went to court. How litigious do you think your business partner could get?
Regardless, I'd say it's a bit of a grey area. I'm sure the business could argue that the domain was bought for company marketing purposes... I wouldn't want to call it either way if it went to court. How litigious do you think your business partner could get?
jammy-git said:
Who is the domain registered to? Did the company pay for the domain?
Regardless, I'd say it's a bit of a grey area. I'm sure the business could argue that the domain was bought for company marketing purposes... I wouldn't want to call it either way if it went to court. How litigious do you think your business partner could get?
I registered it and paid for it. The other party is pretty obnoxious, so I wouldn't put it past them. Its just slightly galling that I've put so much work into the marketing/SEO and all the other aspects and they are effectively handing that over to my direct competitor. I'm not sure its worth a fight, and probably better just chalking it up to harsh experience and being better prepared with proper contracts rather than verbal gentleman's agreements... Regardless, I'd say it's a bit of a grey area. I'm sure the business could argue that the domain was bought for company marketing purposes... I wouldn't want to call it either way if it went to court. How litigious do you think your business partner could get?
A lot depends on business structure and the nature of your agreement - but ultimately the domain should belong to the business and registering it in the name of the business should be the professional approach from day 1
if all other aspects of how you had a relationship with them / how that ended are in line with what you agreed then that should be matter over - if not, your dispute is there, not with the domain...
one of the biggest issues we pick up with new clients is where a previous web / seo / techie company has registered a domain for the business in their own name... unless you had an agreement that you owned the domain and they were leasing it, then the domain is theirs and should be registered to them and owned by them...
if all other aspects of how you had a relationship with them / how that ended are in line with what you agreed then that should be matter over - if not, your dispute is there, not with the domain...
one of the biggest issues we pick up with new clients is where a previous web / seo / techie company has registered a domain for the business in their own name... unless you had an agreement that you owned the domain and they were leasing it, then the domain is theirs and should be registered to them and owned by them...
They can do a force transfer through nominet if you get funny, I have done it a few times.
HOWEVER, some companies such as YELL etc will say the client was only renting the domain and they are the registered owner of the domain.
If you are the registered owner, technically you can do whatever you want with it, if it's as good as you say it is, put up a landing page 'for sale - domain' They'll see it soon enough, maybe give them a heads up.
They could argue with you and instruct solicitors, but by the time that comes around the damage would have been done, so it's in their interest to buy it off you for an agree-able rate,
IANAL, you could get screwed if they take you to court, but if they leave it to solicitors they screwing themselves, maybe give them a 48 hour warning that youll put them up for sale?
HOWEVER, some companies such as YELL etc will say the client was only renting the domain and they are the registered owner of the domain.
If you are the registered owner, technically you can do whatever you want with it, if it's as good as you say it is, put up a landing page 'for sale - domain' They'll see it soon enough, maybe give them a heads up.
They could argue with you and instruct solicitors, but by the time that comes around the damage would have been done, so it's in their interest to buy it off you for an agree-able rate,
IANAL, you could get screwed if they take you to court, but if they leave it to solicitors they screwing themselves, maybe give them a 48 hour warning that youll put them up for sale?
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