Ownership of website URL address

I created web pages to market high priced products on a web location that provides me with free space for web pages. I did this for a person who agreed to pay me commissions on products sold in return for building the website.

The website has become very popular over a one year period but the products have not sold well because of their very high prices. When some products were sold, the maker failed to deliver on time and some sales were lost.

We agreed to discontinue our arrangement.
I agreed to give copies of the web pages which I created to another person who is to pick up where I left off. I claim that they are my intellectual property but I am willing to give up rights to them. But, I am not willing to give up the URL address of the free web site that I created because I do not trust any persons taking over the web pages to maintain them the way I would. They have copies of the pages and can easily rebuild a new site from them.

The URL address has the product maker's company's name in the address which he claims to own because of his prior use. This is much like the problem CocaCola had when someone built a website with that name. The product maker has not trade marked his company name or registered it to my knowledge. I have password protected the site I created to prevent any persons from accessing the site or posting unwanted notices.

At the urging of the person taking over my work, the person I did the work for in anticipation of commissions has demanded that I relinquish the website and the URL with his company name in it. I am not willing to give up the URL address for fear that I would be liable for anything done with the site that is inappropriate, illegal or whatever.

I am willing to post a notice of the URL address for the new web site that another person is making for the products but do not
want to give up the URL address.

Does the product maker have the right to
demanding ownership of the URL for the site
I created?

My response:

You seem to be set in your mind, and it also seems that no matter what I might say here, you're not going to agree or relinquish the website domain name. But, I'll attempt to explain what you've done, and you can make your own decision.

You said:
"I did this for a person who agreed to pay me commissions on products sold in return for building the website."

Let's put this another way. I have a company, and I ask you for an investment of $5,000.00. In exchange, I agree to give you 10% of the net profits. You agree.

Unfortunately, my business goes bust, and you lose your $5,000.00 investment. Do I owe you your $5,000.00 back? The answer is: No.

Reason: You "invested" money, not a "loan" of money.

In your scenario, you agreed to accept what he offered in return for your creation of a website and EVERYTHING else that makes the website "work," including the domain name.
You both took a chance that business would be good and money would be made. You both put something into the pie. Unfortunately, you relinquished all rights to that domain name in exchange for an expectation of profit sharing that never really materialized. Remember, if you didn't make money, neither did your partner.

If, on the otherhand, you both agreed at the beginning that you would maintain ownership and that all you were trading was his "use" of the domain name and pages while you were in business together, then that would be another story. But, it sounds to me that he has a point, and all because you didn't get what you expected out of the deal, doesn't mean he loses from what you invested to the business. That was his exchange that you agreed to. It makes no difference what he does with the name and pages. That was your bargain.

IAAL



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