Domain Ownership - Point & Click Software, Inc.

Domain Ownership

When you sign up for a web site and choose a domain name, who owns the name? You do, right? Don't be so sure!

I was once involved in a case where a company wanted to move its web site from one Internet Service Provider's hosting service to another. I have helped transfer many domain names from one ISP to another. Normally, this process goes smoothly. However, in this case the client's e-mail address of record at Network Solutions was no longer working, and the former hosting service refused to acknowledge requests for approving the transfer. Instead, the client received an email from the former hosting company stating that they did not own the name!

As I Investigated, I saw that the hosting company with whom the client had contracted had registered listed itself as the registrant and owner of the name. Legally, the ISP was not allowed to do this, since the domain name was the the company's legal business name. I helped the business owner fax paperwork to Network Solutions showing legal ownership of the business name, and ask that the record be changed. Fortunately for the company, the change was approved, and the business owner regained control of his name.

I wanted to warn other people about this practice. How can you be sure, when you register a domain name through an Internet Service Provider, that the ISP will not list themselves as the legal owner? In the case I just mentioned, there was a paper trail because the name was the company's business name. What would have happened, however, if the name had been simply a "catchy" name or phrase that the business owner had coined? Unless the name had been somehow trademarked, there would not have been anything to back up his claim of ownership.

When you register a domain name, either register the name yourself, or get everything in writing!

Cynthia Brooman, President
Point & Click Software, Inc.