Web designer will not return domain name registered on clients behalf

[prose]

An associate of my wife had hired a web designer to register a domain and design a web site for her. The designer will not allow her to transfer the files nor the domain away (domain is registered with designers information).

Is there a UDRP decision that addresses a situation like this regarding the domain name only? I am thinking a letter from a lawyer is the best course of action at the moment.

 

[stewie]

Wow, seems crazy... hope you get it back soon with little fuss.

Good Luck keep us posted

 

[prose]

Indeed. The stories my wife told me about this designers prices are incredible... $400 for a VB3 license ($180 retail owned, if I recall correctly)... $1200 to install it (10 - 20 minutes, if I recall correctly)... This is without any design services! I understand why she wants out! Of course, this all blew up when she wanted her domain and files so she could go to someone who is more...ethical in their pricing.

Now the designer is asking for something like $1000 in payment for a few jpegs he had uploaded months ago. UDRP is more expensive but now that he knows how bad he was milked he is not keen to the idea of paying to get away from this person.

 

[Theo]

Did she sign an agreement outlining the cost of the project?

 

[prose]

No she did not. And I just found out it was $2,500 to replace the photograph of the business store. She confronted her and said $2,500 so the designer said she either pays or her site will disappear.

---------- Post added at 09:18 PM ---------- Previous post was at 09:17 PM ----------

..can't figure out how to edit.

"and said $2,500 was ridiculous so..."

 

[Theo]

It's obvious that he's blackmailing her. The best way to end his advantage: register a new domain and do not use any of the design he did. Without an agreement, he can claim the world on a plate!

 

[prose]

That is what I recommended at first. But the client had spent thousands more on paper marketing materials distributed to brick and motor stores with her URL on it

 

[south]

Get screenshots of the site, particularly of any pages that list your friend's contact info / name, business name, etc to prove ownership. Is there at least an invoice from the designer to your friend with the domain as a line item?

 

[prose]

Get screenshots of the site, particularly of any pages that list your friend's contact info / name, business name, etc to prove ownership. Is there at least an invoice from the designer to your friend with the domain as a line item?

I expect there is somewhere. We will preserve the site as it is. The whois record also says the clients business name, but has the designers contact information and admin email address.

 

[south]

I expect there is somewhere. We will preserve the site as it is. The whois record also says the clients business name, but has the designers contact information and admin email address.

What I would do:

Find that invoice. Send the designer a check for that line, if it has not already been paid. Wait for it to clear.

Call a lawyer. Have them write a nasty letter.
Threaten to sue.
Sue if necessary. Also be sure to sue for lost revenues due to website being down.

Good luck!

 

[foundrstack]

An associate of my wife had hired a web designer to register a domain and design a web site for her. The designer will not allow her to transfer the files nor the domain away (domain is registered with designers information).

Is there a UDRP decision that addresses a situation like this regarding the domain name only? I am thinking a letter from a lawyer is the best course of action at the moment.

I went through a situation like this where the local web hosting provider at the time was registering domain names on behalf of clients. My client went through a gazzilion hoops but successfully worked with the registrar and it all boiled down to them having tons of documentation.

It might not be worth it to go through something like that and I would agree with Acro on just registering a different domain.

 

[JuniperPark]

This is an easy one.

Invent a 3rd party to send Mr. Designer letters/emails pretending to be a competitor (or former employer) and they there is a big lawsuit brewing over the name, trademark, product, or whatever.... and as the sole owner of the site he will be a part of it. He will likely respond naming the 'real' owner.... and that proof you take to small claims court.

Want to up the anti? Have 'bad' people contact Mr. Designer and let it slip that the business is a front for money laundering, and a big drug dealer has been ripped off and wants his f'ing money within 24 hours or a visit will be paid to the website owner's family. Again, Mr Designer will be in a hurry to get rid of it.

 

[katherine]

It's a classic problem when you delegate domain registration to webdesigners.
First of all what does the whois says. Whose name is the registrant for the domain.

 

[Dale Hubbard]

This happens so many times. Web designers take on the registration as part of their remit - obviously a huge mistake. If it was me, I'd immediately register a 'sucks' domain and start a blog about the cheat and his antics. I'd block it from the bots first and invite the culprit to review it before you let Google loose on it. If I'd been blatantly taken for that amount of money, I'd fight like a pit bull.

 

[Gerry]

I would start with contacting the legal dept of the registrar and explain it to them.

The only issue is IF the domain is in the designer's name and bio on the WHOIS, you task just got 90% more difficult.