Personal chef claims he can’t get his domain name back and former web marketing firm is sabotaging his new website.
Stuart Shaw says he contracted with Need Marketing Group in 2007 to develop a site for him at MiamiPersonalChefs.com. He canceled the services in 2010, but claims that the defendant (an individual) would not allow him to transfer the domain name.
Worse, he alleges that the defendant created a site at the domain name that highlighted his competitors. Shaw also alleges that the defendant undertook a number of steps to sabotage his new site, TheMiamiPersonalChef.com. Shaw alleges that the defendant was behind attempts to send lots of traffic to the site, run up charges on his Adwords ads, and hack into his Google Adwords account.
Web design firms holding clients’ domain names hostage, as is alleged here, is unfortunately a common practice. Clients should never allow a web designer or hosting firm to register a domain name in anyone’s name other than the client, and the client should maintain full control of the domain name.
Unfortunately, that’s not something that a typical small business owner thinks about when outsourcing management of their web presence.
By defendant sending the traffic of a deceivingly similar domain to the complainant’s competitors, shouldn’t it be a cause for UDRP? But I wonder if the Chef has registered his trademark?
A UDRP panel would probably say this is outside the scope of UDRP. Would need a solid trademark on what is a very descriptive term. The panel also wouldn’t care about the other allegations.
Screw a UDRP , the chef deserves money for damages
I regularly get complaints to my office about this-as recently as yesterday.The ordinary user doesnt understand this problem, and often has to sue or pay ransom. I cant help them, as it is outside of my mandate but I do sympathise with them
I wish there was a way to educate business owners about this, or domain “ownership” in general. It would be tough.
Agree. That is also the mission and Purpose of this guide book for anyone that deals with domain names: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=665351&recordid=6256
Also soon available on Amazon.
Happens often in the adult industry too. A (usually female) becomes a star…and a stage name she may have created is registered by her agent…or the first company she shoots with. Then as she becomes smarter about the biz…and wants to take control of her brand…there’s “ransom” to pay.
Someone whose fame is rising usually forgets the how he get success in the first place. He forgets the people who have helped him succeed. They were successful with the help of others, but forget the kindness given by the other person and becomes arrogant.