Sticky legal situation...

[draggar]

My wife runs an organization that supplies service dogs. A former associate of the organization recently started a rescue organization for the breed of dog my wife's organization primarily uses.

Both of them have parted ways, and it's not pretty.

Here's where it gets sticky.

I manage the domain and host the website for the other person - and this person is claiming they're the "exclusive provider" of dogs for my wife's organization (which was never true) plus she has also used my wife's organization's logo on her website.

This other person does NOT pay me for this - I agreed to manage the domain for this person free for at least one year (passed last month - and I renewed for free for her) and I also gave the same deal with hosting (no specifics on how long I would give her free hosting). My wife's organization's attorney has sent the other person a C&D letter - but she has not removed the logo or the statements about my wife's organization.

So now the legal part,

I know I can't just take down the site because this other person could easily sue me over it but would a C&D letter from my wife's organization be enough legal cover for me to take it down?

(Sadly, this is yet another case of no good deed goes unpunished).

 

[Jack Gordon]

I am not a lawyer, but I do have a couple of thoughts.

You say you manage the domain and host the site for free. Are those services registered in your name or the former associate's? Is there any sort of contractual agreement between you? Is there any record of the one-year limitation on your agreement?

You worry about legal trouble, but there may not be any real standing for the former associate to bring action against you. That doesn't necessarily mean they won't try though.

I think your idea about the C&D is a good one. If it is your name on the domain and/or hosting registration, a C&D to you would be appropriate and in my opinion a good cover to shut it down until an alternative resolution can be negotiated.

 

[chipmeade]

I would not take the site down but give the woman 15 days to get her site and domain transferred off your accounts. At that point, you will remove the site yourself. Better to stay above the fray and keep your online interests out of the mix. Your wife will appreciate the effort and 15 more days isn't going to hurt anyone. Be sure to back up the site though.

 

[draggar]

She got a C&D from the organization's lawyer about 2 weeks ago (a little more?) and hasn't removed it since.

The domain is in my name (and in my GoDaddy account) and the hosting account is my account.

The former associate and I never had any physical paperwork - it was all done though discussion and email.

 

[stewie]

pm sent

 

[Jack Gordon]

It would be wise to discuss this with an attorney just to be sure you are on stable ground, but if it were me, pending that conversation with legal counsel, I would be thinking along these lines:

In writing, inform the other party that since your one-year offer has expired without any action on her part, her site will be taken down in 10 days. She can either take the steps required to move it or you will be happy to provide her a backup of the data for future reinstatement elsewhere.

Get yourself out of the middle. As long as she has advanced written notice and an opportunity to retrieve her data, she has little recourse. Under the circumstances (and lack of an agreement to the contrary) I don't think you have any reasonable obligation to this person.