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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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5-14-15 To whom it may concern, In 1997 while employed by

Customer Question

5-14-15
To whom it may concern,
In 1997 while employed by Cutting Corners dab Interior Fabrics, as part of his job duties, Kenneth McClintock registered the company URL names:
cuttingcorners.com and interiorfabrics.com . He registered the names under Kenneth McClintock, rather than under my company name.
In 2004, he resigned his position, signing an Employment Release. Since 1995, Cutting Corners has been using these URL names in connection with their registered : FabricResource.com website.
Kenneth now claims that he owns the names and is demanding profits from the website sales.
What laws apply in this matter?
Since we have been using these names for the past 11 years with no protest, we would like him to transfer ownership of the URL's to the company. Can we demand this?
Kelly Cleaver
President, Cutting Corners
Dallas Texas
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Kendell Kelly, Esq replied 1 year ago.
Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.
Expert:  Kendell Kelly, Esq replied 1 year ago.
The first thing that will apply is contract law. If you have access to the employment agreement, you will want to immediately check for a provision relative to intellectual property. Should there be one, hopefully it details that all work done while employed is company property. Further, it should say something about employees working to make sure that all rights owed the company are properly assigned. If those things are there, you will/should be able to compel your former employee to release the domains to you.
Customer: replied 1 year ago.
Since we've been using the names for 11 years, with no complaint, is there a law about a statute of limitations?
Expert:  Kendell Kelly, Esq replied 1 year ago.
If for some reason there are no provisions such as that in the employment agreement, but you can prove out ownership and maintenance of the mark, you can proceed in court or via an arbitration body like WIPO to force the domain be transferred to you.
Expert:  Kendell Kelly, Esq replied 1 year ago.
Unfortunately, there is no specific law that deals with time equating to proof of ownership. However, the time and payment information does bolster your case should you need to go to court or elsewhere.
Expert:  Kendell Kelly, Esq replied 1 year ago.
Does that all make sense?
Customer: replied 1 year ago.
He resigned from his position 11 years ago, and is now making a claim to profits from the website that he registered for. Even without the employment release, does he have any legit claim to profits?
Expert:  Kendell Kelly, Esq replied 1 year ago.
Unless there is something relative to profits in the employment agreement, it would not appear so.
Expert:  Kendell Kelly, Esq replied 1 year ago.
It appears you are offline, upon your return, please let me know if you have additional questions. If not, make sure to leave feedback or I will not get credit for my time.______________________Use of this service does not create an attorney-client relationship. Inasmuch, our conversation is merely informational and should be used to find an attorney licensed in your local area that can further assist you. Please Click GOOD or EXCELLENT to rate service.

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