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How to get developer to transfer ownership of domain name in my name?
10-Apr-2023 (In Information Technology Law)
My web development agency refuses to transfer ownership of my website 's domain name to my name. I had procured my website through an agency who is developing the website as well for me, and had made them the payments through cheque. Now the 'WHOIS' of the website shows the developer's name whereas it should be showing my name.
How do I get it sorted now as later it might be a problem for me if I am unable to prove my ownership of the domain? What legal remedies do I have?
You must have done some communication with the web development agency for development of a website and for registration of a particular domain name.
We presume that you have commissioned (assigned) your complete work of development of the site and the registration of domain for a particular name and authorized the said agency for doing the same. There must be some letter or e-mail with the said agency and the agency might have reverted back on the same e-mail. The said exchange of e-mails constitute an agreement between you and the said agency.
If the agency has done contrary to the agreed terms and not got registered the domain name in your favour despite having received the consideration amount, that tantamount to breach of contract by not specifically performing the terms of the contract as well as offence cheating and allied offences/wrongs.
You may get issued a legal notice against him to specifically perform the terms of the assigned contract. Further, if they do not agree to the same, then you may resort to file a suit for specific performance in civil court.
In addition to this remedy you may file a complaint before Internet Corporation for Assigned Names and Numbers(ICANN).
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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