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What rights do I have? What can be done?


Last year I hired someone to build a website for me and in return she became a 30% owner in the company. She broke our agreement and I let her go. Since she registered the domain (even though our contracts state it's owned by me) she pulled the site down. Then sent me a bill for $15,000 which her lawyer said she wasn't entitled to. NOW she has registered the domain for my personal name! www.myfirst/lastname.com! I am involved in the entertainment industry and she knew I had plans for my name/site. Can she get away with registering MY personal name as a website? There is nothing on the site, she just demands I pay $25,000 for it!

Once again she registered MY name! I can't simply pick something close to it. www.kevinpre****.com She has NOTHING to gain from having a site registered in my name..

There is a law that is relatively new, that protects peoples and companies name from being used as an internet website. The law is diluted for famous people though. You need a lawyer. Which If you get one, would make anything I say moot.

I don't think you can stop her from registering the domain name.

However, you could simple choose something slightly different for your domain and register that.

People have tried to do similar things to movie companies before and they often simply register something else and there is no problem.

don't pay her, that's extortion, instead do a "whois" search and see when the domain expires. If you tell her you no longer want it then she will pro ably let it expire. in the future don't tell anyone what you plan to register as a domain, not even business associates.

The US' Anticybersquatting Consumer Protection Act (ACPA) allows parties to wrest control of a domain name and be awarded up to $100k if they're able to demonstrate trademark rights to the name in question and show the registrant has a "bad faith" intent. But you must show trademark rights.

A similar process called the Uniform Dispute Resolution Policy (UDRP) was created as a faster, more convenient alternative to simply get the domain name without monetary damages. But it also has certain requirements the complaining party must meet, firstly by showing they have trademark rights to the term as well.

In short, without trademark rights, you have no rights to the domain name at all. The ones the other party has subsequently registered, anyway.

For the one you described as part of the contract, you can use the UDRP or go to Court based on that.

IANAL, by the way. Just one who's worked in the domain registration business and happens to passionately study these disputes.

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