Legal Question in Business Law in Michigan

website domain name rights

My question involves partial ownership of a domain name. The domain name is registered under a dba name. I have an oral agreement to 50% of the web site and domain name. My question is, how can I protect my interest and be assured that I am legally entitled to my half of the domain (website)?


Asked on 9/29/00, 11:41 pm

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: website domain name rights

There are a number of means for protecting a partial interest in property, such as a business name. The owners might use a contract, or a business entity might be formed, such as a corporation, partnership, or limited liability company. Once the entity is formed, the name could be transferred to the entity as a capital contribution. There are benefits and detriments to each of the above methods. You should consult with an attorney concerning your particular circumstances to determine which method will best protect your interest.

Additionally, the registration of a domain name does not guarantee that your use of the name cannot be challenged by others who have been using the name in other ways. A number of lawsuits have arisen as the use of domain names has increased. Some of the suits are for trademark infringement, unfair competition, and other suits based upon ownership of a name. You should consult with an attorney concerning the particular name and concerning potential issues which you might face.

Please feel free to contact me directly to discuss this matter. This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. No attorney/client relationship is created as a result of this response.

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Answered on 11/02/00, 6:02 pm


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