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Hello my name is ***** ***** I will help you with this.
Just to be clear is this a UK law question?
Yes. The YYY company are in London. Our contract with YYY was under UK law.
But our XXX company is in India and operates under Indian law (although their laws are mostly similar to ours.)
I can only give you advice on UK law if that helps? It may be that Indian law is the same, but I am a UK lawyer.
I understand. It's a UK dispute.
Please go ahead.
Is there anything in any contract that states YYY own the URL?
I've just checked the contract - it says they own the domains.
"the domains held at godaddy.com" to be precise
Which includes the domain we are concerned about - www.readingwise.net
When we signed the contract, we were using that domain for both the Indian company AND the UK company, but a year ago we split the website.
So the UK company for a year now has been using www.readingwise.com, while the Indian company has been using www.readingwise.net
Ok and they want the .com domain too?
No, they already have it and we hare happy for them to keep it.
What is in dispute is the .net domain.
Ok, that is the one you own?
Yes, I bought it about 8 years ago, ages before we set up the UK company.
Ok. Then you dont need to give it to them.
Its your domain
You are using it for XXX ltd I assume
If so that is fine. They can't stop
The only thing they can do is go to the domain name dispute service WIPO
They can adjudicate on the domain
But YYY can't make you give it over
They have no right to it - the domain belongs to yo
* you *
Can I clarify anything for you about this today please?
So let me summarise to make sure I have it right...
Even though I signed a contract with Ideaswise in 2013 signing over the domains that I had registered at GoDaddy, the fact that I had bought the readingwise.net domain several years earlier, and it had been in continued use by the Indian company means the Indian company can keep it.
Unless they have been paying for the domain renewal. If so, then you would be stuck.
But in any event the dispute is between you and YYY Ltd.
XXX Ltd has nothing to do with the dispute!
I am the registrar of the domain which I bought on behalf of the Indian company. There were some occasions when the UK company would have paid the renewal fees, but that was an oversight because GoDaddy charges blanket renewals automatically, and I am now paying the renewal fees. I suppose I should reimburse the uK company for the renewal fees! It's only a few quid.
I think the problem is YOU agreed to sign over the domain. They also paid the renewal fees.
You can still refuse to hand over the domain and they can try and take it to WIPO who can adjudicate.
But I can argue that I was wrong to do so, I did not have a board mandate, it was an asset of the company, so shoot me!
Yes you can argue that.
No, that's fine, thank you very much, you've been very helpful.
I wrote to you some months ago with a problem concerning our former employees, IdeasWise Ltd. We were founders, shareholders, and employees, but we resigned after prolonged bullying from the CEO. We couldn't afford the time or money for an unfair dismissal case.
We have now received a legal letter alleging that we are reselling their program illegally in India and Spain, and demanding that we sign a reseller agreement with them, and hand our 20% of shares back to them for nothing.
We have no desire whatsoever to resell their product anywhere. I am a semi-retired pensioner living in Spain with no assets who does part-time humanitarian work in India, which they know full well. This is just plain bullying. I can't afford to hire a solicitor. I can't afford to fly to London to fight them in court. Their funder has a personal net worth over £200m. They are just being vindictive. How can I stop them harrassing us?