• Domain ownership dispute

The was a domain(abc.in) booked by Company A and it was not used then after approx 18 month Company B was formed and registered with ROC with the name abc so COMPANY B had an understanding with COMPANY A that It will use the domain . Company B bought the hosting space for this domain , started using the website and its employees started using email .After 2 years when hoosting was about to expire then Company B intimated the COMPANY A to transfer the Domain so that COMPANY B can acquire the DOMAIN and pay for RENEWAL . Instead of transferring , Company A renewed the DOMAIN by themselves and after a month upon a dispute they blocked the DOMAIN. COMPANY B Approached the REGISTRAR of DOMAIN , even to NIXI that they have VIOLATED INDRP policy by renewing the DOMAIN as COMPANY B is a legal entity and COMPANY A has renewed with MALIFIED intentions of DISRPUTING and DIVERTING THE traffic of COMPANY B to his website . But no one heard . I am not lawyer but I think by RENEWING it they have violated the IT ACT as they have breached the INDRP policy(https://registry.in/.IN%20Domain%20Name%20Dispute%20Resolution%20Policy%20%28INDRP%29)

So I being the OWNER of COMPANY B please suggest what are the options left with me .
Asked in Criminal Law from New Delhi, Delhi
Religion: Hindu
1. You have stated that there was a Company A and then a Company B was formed. Did Company A merge into Company B? What is the legal relationship between both the companies?

2. If there was a merger then was the understanding to use the domain earlier held by Company A reduced to writing? What were the terms and conditions of authorization, if any, granted to Company B by Company A to use the domain?
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

1.In such cases, normally the second Company buys the domain name of the first Company with a valid sale deed,

2. In hour case there has been understanding only and no agreement for sale of sale deed for selling the dimain name to you,

3. Negotiate with Company A to buybthe domain name and get its ownership transferred in your name.
Krishna Kishore Ganguly
Advocate, Kolkata
13932 Answers
309 Consultations

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