Having trouble getting your domain name back? Domain name disputes? Your web company won't release your domain name? Read on dear friend!
Tuesday 7th November 2017
Individual copyright may be applied to some content.
How do I get my domain name back?
Many of us have heard of it and some still experienced it for ourselves but the legal battle getting ownership of your domain name can get quite nasty.
Domain name disputes and resolution are on the rise as web name 'real estate' becomes ever more valuable. More often hen not a web company will realise the value of the business they purchased the domain name on behalf of so when it comes to the business wanting ownership there's a HUGE price tag to pay for what is probably only £5.
How do I get my domain name back?
Put simply, if you allow a third party to register your domain name - it's there's lock stock and barrel and they can charge what they like unless you've a contract enabling you to take control as and when you wish. It is only good-will that the company will release the domain to you. If they choose not too you've a legal wrangle on your hands so what do you do?
First of all pop over to the DRS (Domain Name Resolution Service) as there's a lot of legal information available on getting your name back.
BriteFire can act on your behalf to resolve domain disputes but if the web company still do not release your domain name you may require legal assistance. A high ranking business web site can be worth millions to your business so be aware of a huge release fee!
NEVER ALLOW AN INDIVIDUAL TO REGISTER A DOMAIN NAME ON YOUR BEHALF! Simply visit someone like www.ukreg.co.uk and register your own domain name - your web expert will know what to do with it :)
According to Nominet:
STAGE 1 – THE COMPLAINT AND THE RESPONSE
The Complainant submits their complaint to us via their Online Services account. We send a copy of this complaint to the registrant, and if applicable, the end user of the domain name. The registrant (called the Respondent) has a set time frame to submit a response. This is then sent to the Complainant, who can comment on it.
STAGE 2 – MEDIATION
If there has been a response, the Complainant and Respondent can use our free mediation service to try and settle their dispute. One of our trained mediators will help the parties discuss how they could do this – they will be completely neutral, and won’t judge the case. Mediation is always confidential.
STAGE 3 – EXPERT DECISION
If there was no response, or if the case couldn’t be settled by mediation, the Complainant has the option of paying a fee to appoint an independent adjudicator, called the Expert to make a binding decision about what should happen to the domain name.
In cases where there was no response, the Complainant can opt for the Expert to make a summary decision on the case. This costs £200 plus VAT.
In all other cases, for instance if the parties failed to come to a settlement during mediation, an Expert decision costs £750 plus VAT. The Expert will explain the cases put forward by both the Complainant and the Respondent.
STAGE 4 – APPEAL
Appeals are rare, but parties who have lost an Expert or summary decision and who want their case re-examined, are welcome to make one.
If you want to appeal, you must act within 10 working days of the original decision being made. Your appeal will be heard by a panel of three Experts and will cost you £3,000 plus VAT.
FINAL STAGE – CLOSURE
If the Expert awards a transfer, cancellation or suspension of the domain name, we will make the required changes to our domain name registration records. We’ll also publish the Expert decision on our website. If there was an agreement in mediation, the mediator will help the parties fulfil the terms of their agreement. If neither party takes any further action, we’ll close the DRS case file.
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