Go ahead and try, here's a link to file a WIPO!

[draggar]

Last year my wife and I started to get into a niche, we'll call it red cars (not really red cars, just an example but it is a VERY widely used generic term). Back in January when she was getting involved with a club I registered and started a site, redcarreviews (not really, again, just an example). I also registered FloridaRedCars.com because it was available and I figured it was something I could work on.

In February at the club head's request, I registered (location nickname - lile SoBe for South Beach))redcars.com / .org / .net for them and tossed up a quick Joomla site (Artiseer template). The site wasn't much more than information on red cars and how to contact the club plus some donation links.

We did a lot of work with this club but my wife and the president had a falling out over a major disagreement. My wife asked me to send the president the authorization codes for the domains that I registered, I did and unlocked them letting them know that the domains can be transferred to any registrar they want.

I get a response email stating that she has the rights to my other domains (redcarreviews, floridaredcars, etc.) since it was her idea for the club and it was her club that allegedly gave me the idea for the sites.

I told her that while she did form the organization "SoBeRedCars" that does not give her the right to any domain that is related to red cars since red cars is a generic term, well known, and being used (in both cases) for it's generic meaning. She does have the right (let's not get technical, I'm trying to be the ethical one here) to SoBeRedCars and this is why I'm offering them to her since I did register them initially at her request (I'm glad I have that email still!).

Her response? She's going to sue me for the domains. She is planning to go to court to sue me for the domains.

I told her back that courts have very little jurisdiction with domains and copyright and she would have to file a WIPO case to try to get the domains, I even sent her a link to the site (yeah, I doubt she's going to cough up the $$$ for the claim) and I also told her that if she did file the claim I would request a ruling of reverse-hijacking which would look bad on her (yeah, we all know the truth, but technically that's what it can do). Plus, if a ruling of reverse-hijacking was found I could take her to civil court and sue her for all losses (court costs, fees, etc..).

Sheesh, some people get a domain and think they're entitled to all domains. Why doesn't she go after the owner of redcars.com then?

 

[chipmeade]

I told her back that courts have very little jurisdiction with domains and copyright and she would have to file a WIPO case to try to get the domains...

Actually the courts have more jurisdiction than a UDRP. Courts can and will transfer domains, overrule and preempt any UDRP finding and tack on fines penalties, whatever the judge wants to do. You may not be 100% in the clear if the sites were registered and developed to support the larger organization. Just be careful. Good luck.

 

[draggar]

My site is 100% independent of the organization - there is no affiliation between the two other than the "red cars" aspect.

 

[Bill Roy]

Dragger just make sure you copy those emails out, I would suggest both a paper copy (or 3) and also onto a memory stick that can be labelled and placed safely away somewhere. I know this may seem 'obvious' but how many people plan on doing this and never actually get around to it?

Also write up the histroy of events as soon as possible, then a while after you have finished writing it up, say a month afterwards, go back and read through it, you will be surprised how much you will have missed out 'or' put down in a way that is misleading to someone who reads it (such as an attorney for the president of the club), you can then reword it correctly.

All the best with this, and yes I agree many people think that they suddenly have ubiquitous rights when they have a single domain name, the unfortunate truth is that so do some judges and panel members.

 

[draggar]

My wife suggested I document everything which is what I did - including designing the template (though Artiseer), the logo, setting up the site, and putting in all the content. My wife is documenting everything she's done for the organization (more than anyone else including the president) as well as a list of violations for the corporation (no bylaws, president making decisions w/o consulting the board, etc..).

I have the emails printed and communications (past and present) printed including the email where I stated that the 3 domains were hers and I was only managing them as well as the organization's requests for the site.

Seriously, if I got into the actual domains most people would laugh at the president's comments.

 

[grcorp]

Let me get this straight, as what you wrote is a tad ambiguous...

You're saying your wife is suing you for the domains? Or the president of the organization is suing you?