Legal Question in Technology Law in Illinois

Re: Domain Name ... mine or ours

The short answer is "yes" you may, since as you stated you personally purchased the domain name and it was never trasferred to the corporation.

Keeping this in mind, your partner has a license to use the domane name and if the domain incorporates or has your corporation's tradename, you may be liable to your partner for trademark infringment. Should you have further questions, please don't hesitate to contact me.

Re: Domain Name ... mine or ours

I think there is some risk if you proceed unilaterally to use the domain. The answer may turn on some very subtle facts.

Your other shareholder may first argue that your original purchase of the domain name was on behalf of the to-be-formed corporation and the domain name belongs to the corporation. It is not uncommon for promoters to take steps for the benefit of a company before the formation documents are filed.

Alternatively, the other shareholder may argue that the fact that the corporation used the domain name as its own indicates that you did in fact transfer ownership but that you simply failed to document the transfer with the registrar.

Or, the other shareholder may argue that even if you own the domain name, you have granted a license to the company to use the domain name. Since only one person can use the domain name at a time, your use of the domain name would breach the company's license.

Or, the other shareholder may argue that the company used the domain name in commerce and that it has trademark rights in the name so that even if you technically own the domain itself, you cannot use it commercially without violating the company's trademark.

There may be other arguments as well. Only a lawyer who sits with you and learns all the specific facts can tell you whether any of these arguments are likely to be a problem in your case.