DomainNameWire.com has been writing about the receiver in charge of Zuccarini’s domains wanting to auction off the remainder of Zuccarini domains at the TRAFFIC South Beach show.
While Zuccarini and the Receiver are fighting it out, the TRAFFIC show organizers have a clear message concerning auctioning off these domains at their event;
No Way.
No How.
Not going to happen.
The show Organizers say they were NEVER going to allow these domains to be auctioned off at a show under the TRAFFIC banner, without regard to any threats of litigation which Zuccarini has made against TRAFFIC or Latonas.
Guess the receiver or the Court should have asked the TRAFFIC show organizers if they would even consider auctioning off these domains before having motions and hearings.
It’s rare that I LOL at a domain name story.
LOL
They may have asked Latona’s. Rick L?
Andrew
Maybe
How timely!!!
You know what’s really crazy about this Mike?
Looking at the docket, Mr. Kronenberger (attorney for DS Holdings) swore this to the court at the outset on June 26 2007:
“I coordinated with the U.S. Marshal Service in order to confirm that the particular public auction process proposed by DS Holdings is the appropriate process for this matter. The U.S. Marshal instructed DS Holdings that the correct procedure in this matter is to obtain an order from the Court transferring the domain name holdings to DS Holdings, for a public auction under the direction of the U.S. Marshal.”
Now, it’s a long docket, and maybe things were changed around, but it is a little odd that DS Holdings wants to hold Zuccarini in “contempt” for objecting to something entirely different.
There are a lot of puzzlers in this case. It looks to me that DS Holdings bought the Office Depot judgment, likely for peanuts, and then figured they could seize the remaining Zuccarini domains in the CA court action, monetize or sell them, and make a tidy profit.
The case bounced around for a while, but ever since the US showed up to assert its interest in IRS tax liens, DS Holdings has been in quite the hurry to get these names sold. Meanwhile, there is no report as to what the names have earned all this time.
Curiouser and curiouser… But what a saga. The Office Depot thing was back in 2000 when a lot of this stuff, and the law, was largely unexplored. Whatever one thinks of Mr. Zuccarini, his adventures fleshed out a lot of untested law. Lawyers spend entire careers trying to establish nibbling little propositions here and there. Mr. Z managed to get his own criminal statute designed for him. They should have at least named it after him.
John
regarding earnings of the domains, John has alleged in a court document they were making $5,800 a month
http://www.thedomains.com/2010/07/10/90-domains-5800-a-month-some-of-the-things-i-learned-from-zuccarinis-suit/
Thanks Mike. I’m wondering where Z gets his figures, if the receiver has been controlling the names.
If I were the US attorney, I’d be looking to ask the receiver a few questions:
John
It looks like he still has access to the stats.
“If I were the US attorney”
I wish you were.
I like Rick S and Rick L but I’m curious about the contract of their arrangement where Rick L licenses the TRAFFIC name.
Is there some fine print in the contract where Rick S gets to/has to approve all domains that will be up for auction?
Not trying to stir anything up but just curious about partnerships and arrangements in general where something (most likely) unforeseen becomes an issue and if there is wording in the agreement to address these issues.
Let’s hope so, Rick L clearly can use the help, hell his help can use help. If anything the switch from Monte to Latona was like going from Peyton to whatever that backup guy is in indy who is an embarrassment.
Rob
I think the key is the South Beach show (where the court wanted the domains auctioned) s is not a Latona licensed show but being run by Rick and Howard with Latona doing the Auction.
I’m sure Rick and Howard have some control and final say or at least some Veto power over some of the actions of even a licensed show after all at the end of the day TRAFFIC is a brand Rick and Howard built and then would have to have some say so over protecting the brand
“I like Rick S and Rick L but I’m curious about the contract of their arrangement where Rick L licenses the TRAFFIC name.”
I’m sure it has what is called in the legal trade as the “Rob Sequin Nunya Clause”.
Here’s a pile of pure conjecture:
Taking what everyone in this mess is saying as given, then it seems pretty clear that DSH is in a rush to move the names. They found out with the expiration mess last month that their receiver, however much of a BFF he may be to DSH’s counsel, may be doing a less than a stellar job. However, while friends can paper over problems, the appearance of the US in this proceeding has made that a less cozy arrangement.
It seems like someone looked at the domain conference calendar, found the soonest one, and may have engaged in some preliminary and vague communications about auctioning some names. These communications, like all communications can be, may have been less than complete in describing all of the circumstances.
DSH’s attorney seems to be in a habit of giving an impression that all is happy in domainville, when that picture is less than accurate. He also seems to be in the habit of horse-cart ordering errors, as demonstrated by his threats a few weeks back against Namejet, Namejet’s customers, their mistresses and pets, and anyone within a radius of 10 miles. Huffing and puffing his way into court, the judge then handed him what amounts to “eh, so what.”
When vague communications, incomplete information, and wishful thinking collide, the results are, as always, entertaining. That is the most charitable interpretation I can make, giving everyone the benefit of the doubt. Nine times out of ten when you have two people yelling “liar” at each other, what is really going on is a difference in understanding or perspective. I blame poor communication skills. It is amazing how often people do not realize that what they think are clear and simple communications are really ambiguous and can be taken more than one way. And when that can happen, it usually does.
John
Considering the “receiver” just lost some of John’s best domains for well, no compensation whatsoever, maybe this whole renew the domains and collect the pay per click checks is just to much for him to get his head around so he’s better off just to dump the remainder where ever he can as soon as he can.
After all any return he gets for the remaining names is going to be far superior to the $0 he got for the last batch.
I’d offer him $1K to take the rest off his hands and handle the overwhelming task of renewing the domains and cashing the parking checks off his shoulders
Mike, $1K would not be enough to wade into this toxic mess.
But see how well the Jedi Mind Tricks work, you mentioned:
“where the court wanted the domains auctioned”
Actually, the court hasn’t said boo about how and where to auction the domains. DSH filed a proposal for the auction plan and gave the impression everyone had signed off on it. But the court has not weighed in.
That’s what impressed me so much about the motion to hold Z in “contempt” for objecting to the plan, which the court hadn’t even ordered yet.
Personally, I’d sell these domain names on late night cable TV ads like collectibles from the Franklin Mint – “Now YOU can own a piece of history. Each domain comes with a certificate of authenticity, and this lovely richly illustrated first edition of Cupcake – The Life And Times of John Zuccarini, a $100 value on its own. Call now, supplies are limited.”
or maybe Vince the ShamWow guy.
John
Too bad Billy Mays didn’t live to see it