CDRP Sedationadentalgroup.ca - Decision = Transfer (2 Viewing)

davidm

BusinessRegistration.ca
Joined
Mar 31, 2021
Topics
21
Posts
64
Likes
90
From
Etobicoke, ON
  • #484 - Dania Alkhani Dentistry Professional Corp. v. Hazim Alkhani (Domain Transferred - One Panelist - PDF)
    sedationadentalgroup.ca
    The Complainant operates a dental practice using the trade name Sedation Dental Group. The Registrant was employed by the Complainant and registered the Domain Name on May 24, 2021. However, approximately one year later, her employment was terminated and despite several requests, the Registrant did not effect transfer of the Domain Name to the Complainant's control. The Panel found that the Domain Name was filed in bad faith, because of the duty to transfer the Domain Name upon cessation of employment. (summary prepared by David Lipkus)
 
I'm still trying to figure out how businesses nowadays don't have a central domain admin account that does not use an employees email address.

When I ran a Mercedes franchise I made sure we had a domain admin account and when the company sold the admin account was taken over by the new owners. At no point in time were employees ever allowed to take control of a single domain owned by the company. We did a lot of defensive registrations as well and even way back then we realized the importance of properly managing our domain assets.

If an employee of any company registers any portion of a company name while employed by that company they should have to give up the name on termination from the company.

Not having read the whole decision, I agree in theory that domains should be returned to the company if a private registration address was used. It's probably a good idea to have a paragraph on this in your employment contract to assure company policies are enforceable at termination.
 
There's a typo in the domain name that I carried over from copying and pasting David Lipkus' summary. The actual domain transferred was sedationdentalgroup.ca - there's no 'a' between sedation and dental group.

So it was actually their main domain name. There was a transfer of ownership in the practice so that may have caused the lack of proper controls, but an employee is duty bound to transfer the domain name when his employment ceased.

Here's a link to the decision:
https://static.cira.ca/cdrp/report/sedationdentalgroup.ca Decision - CDRP.pdf
 
This should not be under the purview of the CDRP, and I have seen many of these "employee problems" declined in the UDRP because the domain (at the time of registration) was not registered in bad faith and an "employee complaint" is far better served by the standard court of law system.

What happened here was a sole panelist totally ignored the scope of the CDRP and just 'did what was needed" to get the domain back to its rightful owner, but that's not what the CDRP or UDRP was designed for, and it should not be used for to settle corporate squabbles.
 
It sounds like a kid complaining to the Principal for being bullied.
Screen Shot 2022-11-20 at 2.30.17 PM.png
 

Sponsors who contribute to keep dn.ca free for everyone.

Sponsors who contribute to keep dn.ca free.

Back