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A follow-up on John Zuccarini Cases of Interest >  Cyberlaw >  Trademark >  Domain Names

Office Depot v. Zuccarini

Office Depot, Inc. v Zuccarini, 2008 U.S. Dist. LEXIS 23110 (Mar. 13, 2008)

Facts: John Zuccarini reportedly owned over 5,500 domain names. In this case, Zuccarini moved the Northern District of California to order that the IRS be given priority over the distribution of his domain name revenue.

Procedural Posture: Zuccarini has already been hit for several judgments relating to his cybersquatting activity. In an earlier proceeding, the Court ordered that Zuccarini’s domain names be put in a receivership so that they may be auctioned off to satisfy the judgment against him. Zuccarini moved this Court to give priority to the IRS over the proceeds of the distribution of his domain names.

Holding: Zuccarini’s motion to order the receiver to direct revenues to the IRS is denied.

Reasoning: Zuccarini apparently owes a great deal of money to the IRS for unpaid taxes. To satisfy those debts, Zuccarini wants the court-appointed receiver, Michael Blacksburg, to give priority to the domain name proceeds to the IRS. The motion was currently scheduled for March 21, 2008, but the Court vacated the hearing and found that this matter was appropriate for resolution without oral argument. Because there is a pending lawsuit in the Ninth Circuit Court of Appeals concerning Zuccarini’s cybersquatting activities, this Court denied Zuccarini’s motion because it did not want to upset the status quo of the case on appeal.

Analysis: While this submission does not greatly add to the “legal wiki,” we have read about Zuccarini on several occassions. I found it interesting to learn that Zuccarini continues to deal with various legal issues concerning his cybersquatting activities. Based on the number of lawsuits against him and his mounting IRS debt, it seems obvious that if Zuccarini could go back in time, he certainly would.


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