We encounter this all the time: A company in dispute with a current/former employee or web developer belatedly discovers that they registered a key domain name in their own name.
This can become a serious issue, especially if they take down the website or email.
We regularly help businesses recover control of domains registered in the wrong name.
Here’s how to deal with it.
1. Gather Evidence
Start by trying to confirm who is listed as the registrant (i.e., the owner). You may be able to check this through a public WHOIS lookup, although such information may be hidden. For .uk domain names, you can make a registrant disclosure request to Nominet.
If the domain name is owned/controlled by a former staff member or supplier, gather dated evidence showing that the domain was always intended for your business. For example:
• invoices showing you paid for registration and/or renewal
• relevant communications with the employee/contractor.
2. Try an Informal Resolution First
If appropriate, start with a polite but firm request to transfer the domain. Reserve your legal rights. Make the request in writing and keep a record of all your communications.
If that fails, the next step is often to arrange for a specialist solicitor to send a “cease and desist” letter demanding transfer. People sometimes agree once they realise that they may face a legal claim. If not, there are formal options depending on the domain extension.
3. When the Domain Ends with .UK
Most UK domains fall under Nominet’s Dispute Resolution Service (DRS). It’s a quicker and cheaper alternative to court.
To win, you must show that the registration is “abusive”, i.e., that the individual registered or used it “abusively”. Under the DRS Policy one example of this is where the domain name was registered under a relationship and you paid for, and exclusively, used the domain.
A successful complaint leads to the domain being transferred back to your business.
Learn more about the DRS process
4. When the Domain Ends with .COM or Another Global Extension
For .com, .net, .org and many other domains, the procedure is called the Uniform Domain Name Dispute Resolution Policy (UDRP), administered by the World Intellectual Property Organization (WIPO) and others.
You’ll need to show that the domain:
1. is identical or confusingly similar to your trade mark or trading name;
2. was registered by someone with no rights in it, and
3. was registered and used in bad faith.
With the UDRP you have to work a bit harder than for UK domain names. You must show that both the registration and the later use were in bad faith. However, the simple fact that the employee or developer registered themselves as the owner of the domain name without your permission can itself amount to bad faith registration.
UDRP decisions are normally made within around 10 weeks.
5. Other Legal Options
If the person refuses to cooperate and none of the above procedures apply, you may still have recourse through the courts – for example, for breach of contract/fiduciary duty or intellectual property infringement.
These routes are more expensive but may be necessary where a developer or ex-employee is seriously misusing important company property or brand assets.
For other forms of online or contractual disputes, see our Internet Disputes page.
6. Preventing the Problem in Future
• Insist that new domains are registered in the company’s legal name and under its control.
• Use a generic company email (not an individual’s) for contact information and registrar access.
• Include an ownership clause in staff and supplier contracts.
• Keep renewal details in a central register with dual access.
A little admin can save a lot of cost and disruption later.
See our Guide to Domain Name disputes for additional preventative steps.
7. When to Seek Professional Help
Domain recovery often hinges on small details – who paid the bill, who gave the instruction, what the policy says.
Getting advice early can prevent mistakes that make recovery harder later.
Adlex Solicitors specialise in domain name recovery for UK and international clients, acting in disputes under Nominet’s DRS, the UDRP, and through negotiation or court action.
Request a free initial legal opinion or learn more about our Domain Name Dispute Solicitors service
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