[E-trademarks] Wresting Control and Ownership of Domain Name

[Diane Gardner]

Dear Colleagues,

Please let me know what route you would take to resolve this:

Party had an idea for an online platform.
Party formed a corporation in Wyoming and attained SEC approval to publicly trade under the hypothetical symbol MARK.
Party brought on his buddy to help the start-up for remuneration in stock. (Of course), there was no employment contract.
Buddy was tasked with acquiring a domain name, and did acquire MARK.inc in his own name through his GoDaddy account, with Party listed as administrator.
Party’s website is operational, with customers (and investors).
Party never filed a trademark application to register MARK.

Then, “something happened.”

Buddy now is in Mexico and his stock has been rescinded.
Buddy has removed Party from administration position of the MARK.inc domain and Party is blocked from accessing the MARK.inc account.

What should Party do to force GoDaddy to transfer ownership of the domain?
I feel that the best bet is civil court – but if there are other opinions, I would love to hear them.

Kind regards,

Diane L. Gardner
Reg. No. 36,518
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