Getting a domain name back!

Millay · 16-08-2004, 17:45

Hi all, anyone ever had problems with domain names being withheld from them, let me tell you my clients story.

My Client gets Bodgit and Run IT Services to register there domain name, the owner name is registered as Bodgit and Run. The domain name is held by BTNAMES and is associated with clients internet account so is hosted by BT.

Bodgit and Run IT services have gone into liquidation. the receivers are refusing to give ownership back of the domain name as it they claim it to be an asset of Bodig and Run IT Services.

Anyone no where my client stand on this?

Many thanks
Andy

willie · 16-08-2004, 18:23

They could try writing to the registrar of the domain name this can usually be found using whois if there is proof that the client has paid for the domain name then they usually look favourably for the person concerned.

If you pm the domain name to me i may be able to assist further

Tricky · 16-08-2004, 18:23

Best way if it's a .co.uk is take up your case with nominet, i know they charge for looking into these services either that or wait for the suspension and hope you can snap it up before anyone else or offer the liquidation company a fee for taking up. They'll be looking to sell the assets of the company. If it's a .COM etc. you'll have a longer battle on your hands.

Word of warning to others I think - Make sure YOU and not a 3rd party own the domain names.

Bifta · 16-08-2004, 18:59

Quote:

Originally Posted by Millay

Hi all, anyone ever had problems with domain names being withheld from them, let me tell you my clients story.

My Client gets Bodgit and Run IT Services to register there domain name, the owner name is registered as Bodgit and Run. The domain name is held by BTNAMES and is associated with clients internet account so is hosted by BT.

Bodgit and Run IT services have gone into liquidation. the receivers are refusing to give ownership back of the domain name as it they claim it to be an asset of Bodig and Run IT Services.

Anyone no where my client stand on this?

Many thanks
Andy

As you rightly mentioned, the domain name is an asset of the company, and as such will not just be handed back, there are a few exceptions, i.e. if the creditors believe it'll generate income to pay off the companies debts etc. Don't expect Nominet to help you in any way, it's not a dispute, the company simply no longer has a legal right to the name, I (unfortunately) worked for 2 companies that lost their domain names in this way, I still have no idea what the bank did with them, probably sold them off to offset the debt the company incurred.

Millay · 16-08-2004, 19:06

This kind of practice really rattles my cage.. its a pure casse of an IT company employing bad practice and taking advantage of another company with very little clue as to what the internet is or how it works.. there is a moral to this story......

**Paul** · 16-08-2004, 19:27

The moral is never let anyone else buy your domain - always buy it yourself.

SMHarman · 16-08-2004, 20:53

Quote:

Originally Posted by Millay

Bodgit and Run IT services have gone into liquidation. the receivers are refusing to give ownership back of the domain name as it they claim it to be an asset of Bodig and Run IT Services.

Anyone no where my client stand on this?

Well your client has been correctly informed by the recievers, the next question to ask is how much do they want for that asset?

They will have to buy their domain name twice.

Millay · 17-08-2004, 00:37

yea figured that would be the case, beleive the receivers may even auction it off as it is a good domain name..... oh well my client best get there checkbook out.. cheers for te advice,

SMHarman · 17-08-2004, 10:22

Quote:

Originally Posted by Millay

yea figured that would be the case, beleive the receivers may even auction it off as it is a good domain name..... oh well my client best get there checkbook out.. cheers for te advice,

Your clients should be offered first refusal, the asset was bought for them and if you talk to someone senior enough at the recievers they should see that. If someone else bought the domain name (and they are currently using it) then you could start proceedings through nominet or a court as the new owner could be described as "holding out" the identity of your client and damaging goodwill, reputation etc, though as they don't actually own the domain you still have some problem but can bring other trading evidence into it.

SMHarman · 17-08-2004, 12:39

Had another thought on this one. Is your client a creditor of "Bodgit and Run IT Services", that might be useful leverage when discussing with the reciever. I'll drop my claim if you give me my domain names back.