Here is some quick background.
There were 14 domains that were owned by Zuccarini, but held by a Receiver which managed the domains on behalf of a creditor of Zuccarini, which were auctioned off by NameJet.com for a total of $80K, when the receiver appearently did not pay the renewal fees on the domains.
Zuccarini then filed along with the creditor, a motion for temporary injunctive relief to prevent the sale and transfer of the domains that sold on NameJet.com. At a hearing held on June 15, 2010 the court denied the motion.
Now to the suit.
Zuccarini alleges in the suit that the 14 domains auctioned off by NameJet.com, including GovermentGrants.com are part of total group of 90 domain names which he owned which were generating $5,800 a month in income.
Zuccarini claims the 90 domain names subject to the suit generated, $70K a year in revenue.
Almost all of the domains are typo’s
Here is the group of domains that were auctioned off at Namejet.com for $80K:
Here are the remaining 76 domains that are the subject of the lawsuit:
Of course almost all the 90 domains are typo’s.
At least 2 of the domain seem to be a typo of a trademark term, both instant-messenger.com & instantmessager.com arguably infringe on the term “instant messenger” which has at least 2 active trademarks in the US alone.
Another one of the 76 domains, cosmopoliton.com, seems to be a typo for cosmopolitan.com another heavily trademarked term.
Not only is the term cosmopolitan trademarked, but cosmopolitan.com is itself trademarked.
The original creditor whom was getting the benefit of the traffic from these domains was OfficeDepot.
To the extent revenue was generated by this typo traffic, Office Depot was the beneficiary.
Typo Squatting if you will.
Now you may ask how did Office Depot get a hold of these domains from Zuccarini in the 1st place?
Office Depot, obtained a judgment against Zuccarini all the way back in 2000 for $100,000 in damages and $5,600 for attorney’s fees.
Do you know what the judgment was for?
The judgment was obtained by Office Depot for Typo Squatting and the judgment is being paid off with the proceeds of Typo Squatting.
Office Depot transferred the judgment to another company DS Holdings I assume they got paid. It would be interesting to know how much Office Depot got paid for the judgment and whether that amount was calculated based on some mulitple of revenue of the portfolio of largely typo domains
A few more interesting points;
The remaining 76 domains subject to the suit have now been transferred to the ownership of the receiver personally.
These 76 domain’s whois shows the following:
MICHAEL BLACKSBURG, ATTORNEY AT LAW
315 NOE STREET
SAN FRANCISCO, CA 94114
The one party that was not named in the suit filed this week, was the “Receiver” who allegedly was put in charge of managing the assets of Zuccarini for the benefits of his creditor, the same Mr. Blacksburg.
Normally when someone files suit seeking damages for being wronged they will typical sue everyone in the “food chain”, that is anyone who had any relationship to the events that caused the alleged damages and then then asks the court to assign the blame among the parties and divide up who is responsible for damages and to what extent.
So it seems especially strange to me that Zuccarini elected not to sue the receiver, the person who arguably number 1 on the food chain.
After all if what Zuccarini alleges is true then it was the receiver that had the obligation to make the annual registration fees payments on the domains, which wound up being auctioned off after the domains expired for non-payment of the renewal fees.
Yet inexplicably the Receiver who failed to make the renewal payments is not named in the suit.
Zuccarini instead sued Namejet.com who auctioned off the domains, NetworkSolutions.com who was the registrar of the domains, Enom which was sued as best as I can tell for being a part owner of NameJet.com, & Verisign was sued for simply being the .com registry.
The suit alleges that “its only a matter of time “that the 76 domains still owned or in possession of Mr. Blacksburg will be “auctioned off”.
Doing a whois search on the remaining 76 domains, none expire before December 201o and some not until 2016 with most set to expire sometime in 2011.
So its not clear why Zuccarini believes all of these domain even the ones expiring in 2016 will be auctioned off in similar fashion on NameJet, however its also strikes me quite strange that the “receiver” didn’t go ahead and renew all of the domains to the 10 year maximum especially after some of the domains we lost for non-payment of renewal fees.
All of the 76 remaining domains are being parked by Dotzup with the exception of cheatcodecentral.com, which looks like its being forwarded to another cheat codes site, cheatcc.com which has several ads for the domain registrar, Dotser.com
Zuccarini is representing himself in the lawsuit, per se, without the use of an attorney.
Of the domain names that were auctioned off, the highest priced domain, GovermentGrants.com which was responsible for $53K of the $80 in auction proceeds, the whois is still showing the domain being in pending delete status:
Pending Renewal or Deletion
13861 Sunrise Valley Drive
Herndon, VA 20171
Domain Name: GOVERMENTGRANTS.COM”””
Yet the domain is not going to a NetworkSolutions.com placeholder page which typically says “the domain is expired and pending deletion”, but is instead is going to a Parked.com PPC page and has Parked.com servers.
So its being monetized, but by whom.
If the domain sold on Namejet 2 months ago, why hasn’t the whois updated?
Why does the whois still show this domain in pending delete status when it is clearly not and who bought and owns this domain?