Buyer Beware: If You Buy A Zuccarini Domain At Latonas Expect To Be Sued
Buyer Beware
That’s the only advice I can give anyone planning on buying one of Zuccarini’s domains now held by a receiver if they are auctioned off at Latonas.
If you buy one of these domains at Latonas auction expect to be sued.
I confirmed with John Zuccarini today that he is planning on suing anyone who buys one of the domains at auction.
John also states that he will file motions asking a court to place all of the earnings of any of the purchase domains into escrow while the suit(s) are pending.
John typically represents himself when he files suit.
The problem for a buyer is that since John represents himself, he incurs no legal fees.
Therefore you might expect to see mulitple motions, discover requests and a lot of paper flying your way which costs John nothing but time, but may result in a pretty large legal bill if you are represented by a lawyer.
I’m not saying you should buy any of these domains, you will have to make that call. All I’m saying is figure into your calculations a certain amount for attorney’s fees and your time and effort that you may have to spend fighting what seems to be an inevitable suit.
Of course Mr. Zuccarini also plans on suing Latonas as well but that’s another matter.
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What’s the rush in pushing them to auction?
Gnanes
That of course is the BIG question.
Also why Latonas?
I mean I understand why they wanted to hit the TRAFFIC auction but if they are just going to auction them off why not a bigger auction platform like Sedo.com or Snapnames or DomainFest, unless they all said no.
What are his names going up on the auction block?
That should bring the auction prices down a little.
I love how you guys and Domain Name Wire and the rest think you are reporters. What kind of reporter would write something like this without calling me for a comment? You should be ashamed of yourselves.
I’ll be posting my opinion on the matter shortly.
Ooo you got in trouble…
Did anyone here ever hear MHB call himself a reporter?
Or even a journalist?
I never did… Im just saying….
Cheers
Rick
“I love how you guys and Domain Name Wire and the rest think you are reporters”
way to bash your peeps Latona.
At least we know you’re not a domain expert either by the wonderful success of your TRAFFIC auctions. Andrew and MHB have done more for this industry than most people (you and I included)
… just a dumb comment Rick.
Anybody wanna buy a watch?
What a low blow Rick. But in a sense I agree with you, since you will be promoting the names, they will not sell, making this blog post irrelevant
Rick,
you sold a name for me last year and i appreciate that of you
for you too call those 2 out amazes me.. i wont be bidding on names and for berkens to confirm to the public the owner will take the buyers to court, its a valid disclaimer imo.
you are digging yourself a big hole rick.. i would say act fast and do damage control, say your sorry before more people dont deal with you..im thinking in not dealing with your auction house going forward and moniker is on the up..
just my 2 cents rick… berkens has my respect and did the right thing..
I wonder if mr zuccarini will take you to court if you purchase johnzuccarini.com
Rick just posted the list of domains which were going to be auctioned off in november. Here’s some of the domains I liked. Had development potential.
freemusicdownload.com
badcreditloans.com
freemp3downloads.com
gamecheatcodes.com
menshairstyles.com
shorthairstyles.com
freemovies.org
freegreetingcard.com
mp3musicdownloads.com
gamevideo.com
pcgamecheats.com
I just saw Ricks post as well, according to his post, the judge overseeing the case has granted permission for him to auction the domains, so I don’t see how Zuccarini has a leg to stand on or how he plans on disputing the sale. Most of the names are typos, so I don’t see what all the hoopla is about in the first place. Only a few (no typos) I would want to own.
I don’t think anyone doubts that Rick has the judge’s permission, it is just the potential cost and trouble you can get into, when John starts sueing. It doesn’t matter if he has proper ground to stand on or not, it just will cost the buyer additional money for a lawyer…
Dean
The judge authorized the sale however anyone can sue anyone for anything.
John will sue the buyers and the buyers can defend themselves.
As long as the buyer’s have full knowledge and understanding of what they are doing and the issues they will face, its their choice.
Understand that when you dealing with a guy that has nothing to do other than screw with you, its going to be a time consuming and expensive process for you.
According to Zuccarini previous and pending case where he sued, Namejet.com, Enom and Verisign the domains he owned made $5,800 a month which is the guys only income, so like anyone else if you take away their only income stream they are going to fight you over it, especially if they have no downside.
UPDATE
Here is the link to Rick Latona blog post on this issue tonight:
http://www.ricklatona.com/2010/09/09/information-about-the-upcoming-latona%E2%80%99s-auction-of-zuccarini-names/
Here is the post copied in full:
Two particular blog and news sites have written repeatedly about the case without coming to me for comment.
So, let’s get one fact out there.
Judge Illston of the United States District Court for the Northern District of California, has issued a court order allowing us to do the auction.
Currently the auction is scheduled to take place in early November but there are a couple more motions being filed and we can’t give the exact details until we have them.
The new motions are designed to protect both myself and the buyers of the names.
By now, we all know about the threats that have been made. Threats which are completely out of line when a federal judge grants the right to sell the names.
Mr Zuccarini’s threats, in my humble opinion, are doing nothing but hurting himself. After all, the proceeds go to paying off his liens and if the auction is a big success, he’ll be better off for it. Again, that’s just my opinion.
In the coming weeks more information will come out and I’ll do my best to keep everyone informed. In the meantime, here’s the list of names all this hoopla is about.
badcreditloans.com
freepeoplesearch.com
freemusicdownload.com
qoutes.com
muisc.com
freemp3downloads.com
vedio.com
nakri.com
cosmopoliton.com
personfinder.com
shorthairstyles.com
astology.com
receipies.com
astrolgy.com
recieps.com
tarrot.com
muisic.com
gamecheatcodes.com
receips.com
freedowloads.com
eduction.com
emploment.com
geanology.com
peoplelocater.com
birthdaypartys.com
horocope.com
lowridercars.com
astrlogy.com
famousqoutes.com
menshairstyles.com
vitimans.com
yesyesyes.com
horosope.com
freemovies.org
astrolagy.com
emplyment.com
freegreetingcard.com
musicvedios.com
dirttrackracing.com
racingresults.com
beachpictures.com
vedios.com
picturesofcars.com
mp3musicdownloads.com
musicvedio.com
animie.com
vidieo.com
horosopes.com
dragonpictures.com
celibrity.com
vediogames.com
pictuers.com
gamesharkcodes.com
mp3-downloads.com
frorent.com
gamevideo.com
blackalbinosheep.com
freetranlations.com
pcgamecheats.com
freetraslations.com
freetranslaton.com
freetransltion.com
freevideoclips.com
instantmessager.com
freetransation.com
50sent.com
freetranlsation.com
gamesrevolution.com
chatroms.com
usedcarpricing.com
mp3dowloads.com
pccheatcodes.com
wrestlingrumors.com
mp3dowload.com
tarrotcards.com
music-downloads.com
wavesounds.com
freetanslations.com
animemp3.com
sprintcarracing.com
wild94.com
musiclyrics.net
dicionario.es
motorcyclegangs.com
megenti.com
popscap.com
picturesfree.com
miegente.com
cupcakeparty.com
instant-messenger.com
keralchat.com
astrolgia.com
vidoes.eu
dicionarios.es
mediuns.com
coralislandtraders.com
tarrot.eu
freehoroscopes.eu
johnzuccarini.com
muisc.eu
palmistry.eu
astrologyreading.org
emprestimo.eu
freehoroscope.eu
freetarot.eu
homeequitiyloans.com
katosconjecture.com
50sen.com
astology.co.uk
astrlogy.co.uk
astrolgy.co.uk
cartoesdecredito.eu
coralislandtraders.eu
emprestimos.eu
evanecence.com
evanescene.com
makeyourownicons.com
nuakari.com
perscription.eu
perscriptions.eu
ratemybut.com
somkinggun.com
Someone is opening a can of worms by purchasing any of these names.
risk/reward factor is just not there based upon the list provided above.
Prosper
That domain is on the list
I bought a name at Latonas recently and was amazed when Toby Clements tryed to broker a deal back to the seller ‘for a small profit’ (WTF??), because the seller had ‘sellers remorse’! This was over 2 weeks after I won the name at auction. When I mentioned I was offended, he had the nerve to ask why I’d be offended?
It took over 4 weeks to get the name in my account.
No integrity. Won’t use them ever again.
Pookie
This post is not meant to be a critique of Latonas.com nor is it meant to tell people not to bid for the domains.
The point is to let people know what the risks and considerations of the purchase.
Everyone has to make their own decision.
Even after reading Rick Latona’s post of today, I’m sticking by my earlier post
MHB
“The judge authorized the sale however anyone can sue anyone for anything.
John will sue the buyers and the buyers can defend themselves”
Spot on.
Your post was pretty clear.
As far as reporting goes Mike, you contacted the previous owner John Zuccarini and did not just pick out some random Mr. Spaghetti to speak with about this. You basically warned people that the odds of getting sued are almost 100% (regardless of its right or wrong). Hell, I appreciate warnings like this .. shit, unless I’m the auction house … ding a dong dong.
Plus where did you criticize Latonas except to say John will sue them also.
I think someone needs a little Midol.
MHB,
being a lawyer and a domainer yourself I am sure you have more familiarity with the intricacies of the law than I do. The part I don’t understand is how is this guy Zuccarini going to tie people up in court disputing something that has already been decided upon by a judge? What basis would he have to sue anybody? and would another judge not just throw him out on his ear, for wasting their time since the matter has already (seemingly) been resolved?
Dean,
Whenever sued you still have to show up and tell your side which often takes time and money.
A judge can throw it out 100 hundred times but each time both sides have to pay something. The Zuccarini guy has no legal bill – he is a lawyer.
The question is for MHB obviously but this is why lawsuits take sometimes 7-10 years to settle. Right or wrong you can always have fun with the legal system if you like. For someone who is not an attorney it can add up up – whether or not the issue is right, wrong.
Latona is a walking conflict of interest: he wants to sell for as much as possible to get a bigger commission (and possibly sell a watch /used cars /case of wine /shoes or whatever he sell now as well,) how much you pay to respond to a loser that has nothing but time to file lawsuit after lawsuit is YOUR problem. No wonder he doesn’t want that part mentioned by the blogs.
Rick’s post is devoid of any logic: ‘A judge approved it,’ and that should solve it. Well Rick, ever heard of appeals courts or lawsuits on other grounds? Even if you win, you are out tens of thousands of dollars. Frankly these names might not even be worth a $0 price tag. Looks like Zucharini has a computer and can type motion after motion after motion.
All I have to say is anyone willing to go through all that trouble to make a commish on that list is desperate. We already have seen numbers fired off by John and legal papers which indicate the ENTIRE list isnt more than low 5 figs a year in parking or approx $XXXX value each. With all the info we have it will be interesting to see who the stupidest domainer is when this happens. I also think the smart or should I say professionally run houses such as domainfest, sedo etc don’t care about getting the business, it’s not worth it.
Alan,
thanks for explaining. Like most I have a rudimentary understanding of legal procedure, this why it pays to read these posts. In essence it does not seem worth the hassle and expense to acquire any of these domains.
What’s so great about this post is any buyer of these names who has no prior knowledge of Mr. Zuccarini’s intent to say may just have a future claim against Latona’s auction house if they ever come across this article for not willfully disclosing material information that could affect ownership of these domains since Rick acknowledged this post.
Am I correct in assuming this MHB?
Look like to me Latona has already incurred a small legal bill to further update the terms and conditions buyers never read but simply check a box for.
Better sell another watch tonight.
Badcreditloans is worth something but …. you will probably be dealing with someone that has plenty of time and doesn’t care much about his reputation:
“In February 2004, John Zuccarini was sentenced by a federal judge in Manhattan to 30 months in prison on charges that he created and used misleading domain names on the Internet to deceive minors into logging on to pornographic websites. Those domain names included close misspelling of domains names that are popular with children, such as “www.dinseyland.com,” (a variation on Disney Land’s website) and “www.bobthebiulder.com,” and “www.teltubbies.com” (variations on the websites for “Bob the Builder” and “Teletubbies”).”
And then, Google brings this up:
http://offender.fdle.state.fl.us/offender/flyer.do?personId=44379
His address seems to match his latest suit suit against eNom and Verisign
Alan, we are working on getting the judge to protect the buyers. If that doesn’t happen we may well pull the auction. All of this speculation is premature.
I’ll concede that my comment this morning was unprofessional. There have just been so many posts on this without anyone knowing what’s really happening behind the scenes. People keep speculating without having any real first-hand knowledge.
In another couple of weeks we’ll have more information and if John is still a threat, everyone will know about it.
Rick,
Good to know. Mike’s article was published in the best interest of domain investors which I think we can all agree sometimes can conflict with our personal goals.
We all have bad days and nice to see a follow up regarding that morning comment. MHB and Andrew certainly deserve it. You can bash me all you want but these 2 are good guys
Gotta love Google, I never knew this. Google without quotes:
190 SW Kanner Highway Stuart, FL 34997 sex offender
Someone is angry at the system, very angry
Rick, you do have to admit though its a huge risk for you, buyer and a 3 way lawsuit possible?
I know things are slow at your end but if the writting on the wall is danger why keep going?
I appreciate Berkens added disclaimer on this.. I thought about bidding but no way im bidding on this..
MHB
The point I make is to let people know what might be facing them AFTER making a purchase with Latonas.com, nothing more.
I just read the post at the FragerFactor blog, this guy Zuccarini is one shady character. Getting sued by him as retribution for purchasing his domains would be the least of my worries, I would worry more about ending up at the bottom of some river with cement shoes on after reading that post.
First of all, I have so much respect for TheDomains.com than anyone else in this industry to be honest. Rick Latona, does not even deserve to put a comment like that he commented this morning.
Another before I began posting my actual opinion. I respect TheDomains.com more than big domain forums in this community. There are lot of people for example who call other pigeon shit and losers etc whatever term they use for newbies or people who had not succeeded.
So My respect goes to again, to THEDOMAINS.com for letting people know about this issue. I know Thedomains.com is not affilaited with anyone, and its very helpful for people like us, who has few or couple of thousand dollar to buy domain, and who knows we are buying the trouble.
Getting back to Latonas.com, BROOO, have you have heard of appeals, Countersue, Filing bankruptcy, emotional distress, attending court dates, waking up 5 in the morning to get ready for the court dates, and consulting with different attorneys, and everyday thinking your case. Even you win the ZUCRANI domains, he still has right to appeal!!! Which I am preety sure is written in the law.
Please let your buyers know that, they must know how to RUN CROSS COUNTRY. Because this is going to be a long long race.
Also, if the buyer is from USA, its a HUGE risk that you might not want to take. So Please disclose all the facts like you should, and what could be the potential warnings like.
Sometimes its not about MAKING MONEY!, its about Protecting your Clients, YOU DO NOT WANT TO sell a name, which GOING TO LEAVE SOMEONE WITH MANY TROUBLES AND WALKS OUT. Sometimes, WALKING OUT FOR MONEY, is not the good. MAY BE YOUR BUYER HAS ONLY one resource, and one risk to take, Its like Destroying someone livilhood by putting client in trouble.
So I request you please disclose all the warnings and signs etc and potential lawsuits.
I had a friend who won someone who sued him. And was in the court for 1.4 years. Guess what, he got sued again by the same guy by filling a appeal, etc, and making up more evidence and bullshit.
Sometimes, ever the person who is suing, KNOWS HE IS NOT GOING TO WIN!!, BUT AGAIN, they sue just to cause you STRESS AND INCONVIENENCE.
So PLAY IT RIGHT AND KNOW. And again, THEDOMAINS.COM, thank you very much for this wonderful warning and you guys even have more respect.
Because you guys not work for money like Latona auction house, you guys work for the community!!
Thanks again, Thedomains.com rocks!
How much does it cost to file a lawsuit, to actually lodge the case with the courts – is it $350?
If say, 30 names sold, that’s $10.5k – if he’s got that money (hidden?), shouldn’t the courts be getting that cash too?
What would be stopping the buyers/defendents each using the same response for each of their individual cases.
What a low grade list of domains in the first place. I’m sure they have typo PPC earnings, but that is not a sound investment. It is auctions/names like this that keep the word “squatter” cemented in the minds of those who know little about the domaining industry.
James,
the idea is not to deal with him at all. They are so many unknowns that can drive costs way up. If the names were Hotels.com and Insurance.com, then maybe, but otherwise it’s dumb.
If sued, probably moving it out of FL would be best, as a sex offender it must be a pain for him to move around with all the notifications and restrictions. Even his car type and license are online at offender.fdle.state.fl.us/offender/flyer.do?personId=44379
The auction, the environment for the auction, and unprofessional posting about the auction and players all stink in my opinioin.It’s clear to me that saying the previous owner of the domains will sue the new owner is designed to keep people from bidding on such winners as “50sent.com” which may also draw legal action from “50 cent”.
A very large can of worms which I will try to avoid hearing any more about. Let the jackels fight over the scraps and keep your self-esteem intact.
**If sued, probably moving it out of FL would be best, as a sex offender it must be a pain for him to move around with all the notifications and restrictions. Even his car type and license are online at offender.fdle.state.fl.us/offender/flyer.do?personId=44379**
*Zuccarini did not comply with a court order and was charged under the Truth in Domain Names statute.
legislation makes it a crime in the US to use a misleading domain name on the internet to deceive a minor into viewing material that is harmful to minors on the internet*
http://www.out-law.com/page-4148
Einstein: “the idea is not to deal with him at all. They are so many unknowns that can drive costs way up. If the names were Hotels.com and Insurance.com, then maybe, but otherwise it’s dumb.”
Most aren’t worth the bother, but there are two or three in that list that are, if they can be bought for the right price.
You can’t go through life always choosing the path of least resistance.
Alan, Dean;
Comments like:
” I would worry more about ending up at the bottom of some river with cement shoes on “,
and
“Mr. Spaghetti”
are rude and a slur to Italians. If you can’t keep it professional please do not post views that
are ignorant and bigoted.
Rick Latona is a smart guy and I admire his work ethic, but why he would want to get embroiled in this mess is beyond me. It will only tarnish his reputation and create a lot of headaches for himself and others. I doubt that the profit margin on these domains could be worth the aggravation.
Ryan – take a Midol also. One can find bigotry in almost any humorous commentary if you want to perceive it that way. You cant walk around life getting offended at little comments which have no intent other than humor. Well, maybe you can but there is a word for that … uptight.
I love Italians for the record, like Blonde Swedes more and well Canadians – those funny Canucks are just too darn nice.
Starbucks is open .. go get a cup.
P.S. Ryan,
Actually when I made that comment I was actually thinking of Meyer Lansky (Meyer Suchowljanski) he was actually Jewish. I discriminate equally.
http://wiki.answers.com/Q/What_is_a_motion_to_quash
Well what i dont get is why would he take people to court. If a judge has made a decision to liquidate the assets then its by court order. Show the order to a judge in court and the decision will be easy. The only thing that Zuccarini is doing is going to create more debt for himself when legal fees are awarded. Just like in real estate if theres a judgement for sale, just hope it goes for more then the debt value.
Sadly if 1 domain goes for more then what is owed then there is no control for the rest of the assets that are auctioned.
@ sin said: “Sometimes its not about MAKING MONEY!” It’s true. Sometimes it’s about taking a stand.
And now I would like to say all the big and medium size corporations who send their $$ overseas so it won’t be taxed are a worse problem than illegal immigrants! If youwant to send your $$ out of the country, than you can move.
@Louise, that go for domainers in the cayman lol
Oh crap, we have liberals …
I blame the worlds problems on 2 things
1) liberals
2) womens rights
Cheers
Oh come on people ^ that was funny