Your domain is being held hostage. The former web host, ex-developer, or departed marketing agency registered the domain in their name “for convenience” — and now refuses to transfer it, gates it behind unpaid invoices that bear no relationship to the domain itself, or has gone dark while the renewal date approaches. Your business email, website and online presence sit on a name you cannot control.
This is one of the most common — and most preventable — disputes small businesses face. Where the domain reflects your business name, trade mark, or trading identity, you have strong legal arguments to compel transfer. A Cease and Desist letter is the formal step that puts the holder on notice and triggers the transfer mechanism.
The legal context
Even where a domain is registered in the holder’s name, a beneficial-ownership argument typically arises in your favour where the domain reflects your trading name, you paid for it, and it has always been used for your business. .au domains are also governed by the auDA policy framework and the Eligibility and Allocation Rules, and disputes can be referred to auDRP proceedings, which are faster and cheaper than court. International domains follow UDRP through ICANN. Holding a domain that incorporates a registered trade mark may also infringe the Trade Marks Act 1995.
Common pushbacks and why they fail
- “The domain is in our name, so it is ours.” Registration is not ownership in equity; the beneficial owner can compel transfer.
- “Pay the outstanding invoice and you can have it.” Unpaid invoices for unrelated services do not justify withholding the domain.
- “You can register a different one.” Where the domain matches your trading name and trade mark, you are not required to surrender brand equity.
- “It will lapse if you wait.” If they let it lapse and re-register, that is itself actionable conduct.
The document and what it does
A Cease and Desist letter demands that the holder stop interfering with your domain, transfer the registration into your control, and refrain from any further action that would affect the domain’s status (renewal, transfer to a third party, redirection). It cites the legal basis — beneficial ownership, contractual duty, trade mark rights, auDA policy — and signals next steps including auDRP/UDRP filing and Federal Court proceedings.
What Claim Done delivers
- The domain history, registration record and beneficial ownership case set out clearly
- Citation of trade mark, contractual and policy bases
- Demand for transfer with a clear deadline
- Escalation path including auDRP/UDRP and Federal Court
- Drafted and sent on letterhead, flat $79
What to expect after
Most holders transfer within days because the alternative — losing an auDRP or UDRP determination on the public record — is professionally damaging. If they refuse, an auDRP filing typically resolves .au disputes within six weeks. We can support that step too.