Cybersquatting and Web Development

[Carter00]

I have a question I'm hoping someone can answer. I've heard through the grapevine that I might possibly have cybersquatting charges filed against me. I have refused to turn over a domain name that I designed a website on because the client has refused to pay me for the design.

I've had the domain, with their full knowledge, for 18 months now and have not done any work for the client for 6 months. They are just now demanding it back.

Here's the thing, I'm still paying hosting on the domain. The domain is active with their company information. They even use the domain for the email and they still receive their mail. I have done nothing malicious, and had a legitimate interest in buying the domain a year and a half ago because I was doing the development. Since they have refused to pay for any work on the domain (and I haven't done anything malicious and am still paying hosting) is this still a cybersquatting case?

I've read through the 3 rules and the last deals with bad faith. I don't want any payment for the domain, I'm happy to turn it over upon payment for the work I've done. And I'm not using the domain in a negative light as all their company information and even their emails are still being sent and received. Think they have a case? I know how hard cybersquatting is to fight.

[WhoDatDog]

Don't sweat it. They owe you money. Wait until they make it official. Tell them once that you need to get paid, and then after that cut them off and deal with it officially.

[March2005]

Maybe you could try sending them a letter with an itemized bill in it.

Was there any form of oral or written contract between you and the company?

Do they say that they will not pay you because they do not the design, or because they think that you are trying to charge them too much?

[Carter00]

They have invoices, they've agreed to the invoices. It's one of those "my investor says not to pay on any past invoices" because the company is going through a restructuring. Even though they are currently using the work. No contract besides a document saying that they might in the future bring me on as a future employee but nothing about intellectual property and what not.

I know I have a strong case, but I'm just wondering if cybersquatting still has grounds here considering that I've done nothing malicious and the domain is still up with their email. At this point I've started the lawsuit on my end but after this I'm pretty sure they'll go forward with the cybersquatting, considering this is the only thing they have against me.

[MrGoodhost]

Sounds like a business dispute and not a cybersquatting issue.

You still have the domain name in your name - indicates you have a lease or ownership of it, unless both parties signed an agreement.

[Dave Zan]

Originally Posted by Carter00

The domain is active with their company information.

Do you mean to say they're listed as the registrant?

Whatever ACPA or UDRP, be prepared to defend yourself.

[sevent]

Agreed. And if they wanted to try to take the name from you using a claim of cybersquatting with the WIPO or under UDRP that would most likely cost them a good bit more for lawyers than what they owe you (I imagine, anyway).

Originally Posted by MrGoodhost

Sounds like a business dispute and not a cybersquatting issue.

[DNQuest.com]

Ok, not enough info here... I'll generalize...

If the company information is in the registration, they are the owners the domain. I assume you are just the technical contact. If this is correct, then you would need to relenquish the domain. AS far as hosting, if you are paying for that and they did not pay you, then turn off the hosting.

But in reality, if you do keep the domain and they do have a TM of the domain you own, all the money stuff may matter in WIPO.

As with any business, everything should be spelled out in a contract, including ownership of the domain. But to protect yourself, you can put in default terms and conditions upon nonpayment (IE- loss of the domain).