UDRP UDRP Help, Please

[Boutique Ink]

I previously made a website for a friend and his business. The friendship abruptly ended, and now he’s demanding I hand over the domain I registered.

The friend hasn’t paid me for the website or my expenses, but he’s started a UDRP action against me.

Aside from my sadness and shock at losing a close friend, how should I handle this? Will he likely prevail in the UDRP?

 

[LucidDomains]

Be the bigger man and give him the domain if it's worth nothing to you and you truly made it for him.

 

[inforg]

It is his domain. Give it to him.
Your recourse for unpaid services would be small claims court.

 

[kite26]

I previously made a website for a friend and his business. The friendship abruptly ended, and now he’s demanding I hand over the domain I registered for him.

The friend hasn’t paid me for the website or my expenses, but he’s started a UDRP action against me.

Aside from my sadness and shock at losing a close friend, how should I handle this? Will he likely prevail in the UDRP?

I think it's good time to ask your lawyer. I have experienced something similar and I understand you, it's very painful.

 

[karmaco]

There is no way for us to know all the details that led up to this and this happens rather routinely when partnerships go awry. You need to consult an attorney versed in ip law.

Why didn’t you give him the domain? Because he didn’t pay for services rendered?

 

[Boutique Ink]

There is no way for us to know all the details that led up to this and this happens rather routinely when partnerships go awry. You need to consult an attorney versed in ip law.

Why didn’t you give him the domain? Because he didn’t pay for services rendered?

The friend is resorting to threats and intimidation to get his way. I’m reluctant to succumb to bullying.

Two weeks ago, our kids were enjoying pizza together. Now I’m defending against a UDRP. I feel betrayed.

 

[kite26]

You did the same big mistake like me. Business and friendship must be two separated things which you should not mix.
I would give him his name and never look back again.

 

[Start]

I say don't simply give him the domain, if he hasn't even paid for it yet.

A UDRP costs at least $1500... he should have instead paid that to you. Is it possible for him to cancel the UDRP and pay you the $1500?

And with him being a bully, he doesn't deserve to simply get the domain.

I say to hold onto the domain until he pays you something (an amount you think is reasonable).

I'm no lawyer, but it wouldn't make legal sense to me, if someone could circumvent paying a web designer by filing a UDRP. So my guess is that the UDRP panel wouldn't look favourably upon that. But again, I'm not a lawyer, but that's the logic of the situation to me.

Hopefully you have some proof you can show the UDRP people, regarding what the client was supposed to pay you?

 

[draco]

Do you have a contract or any written communication between the two of you? Does he have a trademark or other intellectual property rights in the domain?

 

[Boutique Ink]

Do you have a contract or any written communication between the two of you? Does he have a trademark or other intellectual property rights in the domain?

Most of our communications were only verbal. (We were friends, and I was trying to help him.) There’s no contract, but there are a handful of general emails.

He doesn’t have a trademark, but he does have a registered business name. The domain partially reflects the business name.