Thanks Bruce, that's exactly the sort of advice I was looking for, and I
probably should have emailed you directly.
I don't imagine $1800 + lawyer bills is what this client had in mind
(and who can blame her really) so we might have to plan around
registering a different name unless the developer does decide to come to
the party.
Thanks,
Harvey.
On 1/12/2010 2:42 p.m., Bruce Clement wrote:
Hi Harvey,
The following does not constiute legal advice.
If things are exactly as described here (customers sometimes warp
history a bit), she should be able to recover the domain name under
the DNC's DRS section related to people registering domain names under
circumstances where it's clear they were doing it on-behalf of the
complainant. If she has demonstratable rights to the name and the
developer doesn't, she will probably benefit from also claiming under
other sections.
Following this path will cost around $1800+GST for the DRS process + a
lawyer's fee for preparing the complaint ... you get one shot only at
a complaint, and it will be rejected if you fail to cover any of the
required points so please get an IP laywer to prepare the claim.
Cheaper alternative, phone the developer& see if it can be resolved
amicably. Depending on the facts, a small claims court might also be
an appropriate avenue for redress; but going that path may damage
other opportunities so consult a lawyer first.
I've informally advised in the past for a couple of people who managed
to resolve everything amicably with a bit of advice. If you've still
got my phone number and want to discuss give me a call this evening,
or drop me an email off-list.
regards
Bruce
On Wed, Dec 1, 2010 at 1:24 PM, Harvey Kane<[email protected]> wrote:
Hi All,
This is a long shot, but here goes. I have just picked up a client who has
had a bad experience with another developer - ie she paid for a website and
that was the last she heard from him.
The developer registered her a domain name, (companyname).co.nz, but
unsurprisingly the registrant of the domain is the aforementioned web
developer. There is no mention of her on the whois at all. Pretty raw deal
actually.
She's pretty upset about the whole thing, so if it's likely to be a long
drawn-out drama to reclaim the domain then we will probably just register
another (less ideal) domain name. Obviously she has tried emailing / calling
the old developer for the UDAI, but we're not really expecting anything to
happen there.
I'd be open to any suggestions from people here who have been through this
before - even if the suggestion is "too hard, don't bother".
Thanks,
Harvey.
--
Harvey Kane
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- Wanaka: +64 3 746 8133
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Email: [email protected]
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--
Harvey Kane
Phone:
- Auckland: +64 9 950 4133
- Wanaka: +64 3 746 8133
- Mobile: +64 21 811 951
Email: [email protected]
If you need to contact me urgently, please read my email policy
www.ragepank.com/email/
--
NZ PHP Users Group: http://groups.google.com/group/nzphpug
To post, send email to [email protected]
To unsubscribe, send email to
[email protected]
