Legal Question in Technology Law in Maryland
Who owns a Web Domain?
When we founded our org, each person had specific jobs to do, including 1 person who registered our domain name. The registration fee was paid for w/ group funds & the partner who handled those details was listed as the contact.
That partner has since resigned. When she did so, she stated (in writing) that the domain belonged to the organization & she would change the registration from her name to the org. In the ensuing 2.5 months, she has not done so & now claims that she is entitled to keep the domain name since she maintained our org's website. She now refuses to sign the papers & we can't access the website.
Since the organization paid for registering the domain, do we legally own the domain or does she as the registered contact person own it? If the org owns it, can we compel her to sign or can a court order the domain transfered?
Thanks in advance.
3 Answers from Attorneys
Re: Who owns a Web Domain?
There are procedures that NSI (Network Solutions Inc., which registers domain names) has in effect whereby you can have the domain name frozen or transferred to your organization. We've done that a number of times in similar circumstances. Please call if you would like further information.
Re: Who owns a Web Domain?
Depending on how the registration was set up with NSI, it may or may not be possible to have the registration corrected without litigation. Courts do have the power to order transfer of domain names in appropriate circumstances, and if the facts are as you say, a court should be able to order transfer.
Re: Who owns a Web Domain?
Based on the facts you describe, it appears your business was founded as a partnership (i.e., 2 or more people working together for profit). If so, you would argue the partnership is the true eqitable or beneficial owner of the site/name, and your former partner is merely the record owner. These cases are very fact intensive, so be careful in your communications with your former partner. Feel free to call if we may be of assistance.
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