Legal Question in Technology Law in Oregon

Transfer of domain name.

Hello,

During a partnership dispute, partner A has decided to transfer a domain away from a legitimate business. Now said business is unable to serve it's customers due to partner A changing DNS resolve records to point the domain name away from the original hosted location. This has blocked delivery of customer's mail to the original site. My question is to the legality of this. Since Partner A registered the original domain name to his home address and home email we are unable to dispute this.

Thanks


Asked on 3/18/02, 3:35 am

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Transfer of domain name.

A partner may not deliberately harm the partnership or the other partner(s).

Consult a business/commercial lawyer in your town to find out your rights and how to proceed.

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Answered on 3/18/02, 10:02 am
Bruce Burdick Burdick Law Firm

Re: Transfer of domain name.

This will likely require a litigation seeking an injunction against Partner A by the business. If the suit is successful and there is a court order, the registrar will follow it and rectify the DNS assignments for the domain and change the contacts and owner of the domain to the proper one. This is a known risk of a business in using a domain name. In your case, the business did not understand domain name rights or this would not have been allowed to happen. That can happen in partnerships where a disloyal partner is the one with the internet knowledge.

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Answered on 3/18/02, 10:57 am
Lawrence Graves Coolidge & Graves PLLC

Re: Transfer of domain name.

This is probably fixable, and if the domain registrar is reasonable it may not require recourse to the courts (I fixed one of these recently on behalf of a corporate client in similar circumstances, simply by explaining the situation to the domain registrar and convincing them to first freeze the name and then change the contact information to agents designated by the corporation -- the registrar asked for a bunch of corporate formalities to substantiate the authority of the corporate officers to act, but then did exactly what we asked). You should retain a qualified lawyer in your jurisdiction to handle this for you.

Best wishes,

LDWG

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Answered on 3/18/02, 11:15 am


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