Powder River Technologies, Inc. contracted with the City of Sargent to register the domain name of SARGENTNEBRASKA.COM as the city website. This contract was entered into under the promise that Powder River would apply its technological expertise for the benefit of the city. To conceal from the city that Powder River's secret position was that Powder River would become the owner of the very thing the city desired, i.e., the ownership of the domain name, SARGENTNEBRASKA.COM, is a violation of an essential element of the contract and a breach of Powder River's duty and obligation to act in good faith.
Additionally, under the contract, Exhibit #1, Powder River contracted to provide domain name registration for the City of Sargent. They did not contract to provide domain name registration for Powder River. In effect, they became the agent of the City of Sargent. Their registration of the domain name was done on behalf of the city. The city is the owner of the domain name. The city is entitled to recover on their complaint. Defendant is ordered to transfer ownership of the domain name SARGENTNEBRASKA.COM to the City of Sargent.
The counterclaim is dismissed.
