Legal Question in Intellectual Property in Missouri

Who owns the domain name?

A person was contacted for ''work for hire'' to setup a website. No contracts were signed. The person used his credit card for purchasing the domain name and administered the website being paid a few hundred dollars a month for his services...till it was seen he couldn't handle the job. Another person was hired to take over the website...The godaddy account information was changed. The original person is in dispute over being paid late for other services and hijacked the domain and placed a terminated message on the site. Godaddy released the account information to him, I assume cause he had credit card information on purchasing it. The person now claims ownership to the domain names and is trying to charge thousands of dollars for these domains. Who actually owns this website domain?


Asked on 3/06/05, 3:58 pm

1 Answer from Attorneys
Brett Trout Brett J. Trout P.C.

Re: Who owns the domain name?

Unfortunately, if no contracts were signed, the developer probably owns the website domain. Furthermore, without a contract, the developer may be able to dictate how the website material is used, even if you paid for it. The developer may refuse to turn over the source code and/or refuse to let someone modify the material. The developer may even be able to sell the material and domain to your competitor. Developer agreements are relatively cheap and easy, at least compared to the cost of a fight down the road. Make sure you get a contract with your new developer that details what you own. If the contract includes the language "work for hire," it is not the right contract.

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Answered on 3/07/05, 8:55 am


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