[thelist] backordering, domain transfer and other issues.

[Phil Turmel]

VOLKAN ÖZÇELİK wrote:
> I am not a legal man, but the domain name belongs to the one who has
> paid for it (i.e. the developer) - he has the power to renew it, drop
> it, re-sell it etc. - unless there is an issue on trademark, copyright
> infringement or other rights.
> 
> Worse of all, the law related to cyberspace is not very well-formed here.

IANAL either, but I did read the domain name dispute resolution policy 
some years ago.  It was pretty explicit that registering a domain name 
did NOT give you exclusive rights to it, just presumed rights until 
challenged.

If the developer registered the name for your client as part of a paid 
transaction, then the developer is just an agent, and your client is 
entitled to hold the domain name directly.  If original contract terms 
dictate specific payments in this case, they would be binding, but 
otherwise your client should be able to ask for the registration to be 
transferred to his name.

Dispute resolution doesn't apply until there's a dispute, though.  So 
you won't be able to do ANYTHING until you ask the developer to transfer 
the name, and he/she says no.

You have to ask (nicely would be a good idea).

Then you might want to look at para 4.c.iii of the policy:

http://www.icann.org/udrp/udrp-policy-24oct99.htm

Phil