Court transfers lawsuit to Virginia.
In a move that may have been expected by some observers, John Zuccarini’s lawsuit against NameJet, Network Solutions, eNom, and VeriSign has been transferred to the Eastern District of Virginia.
The case stems from some of John Zuccarini’s domain names that were transferred to a receiver after a cybersquatting judgment against him. The receiver let some of the domain names expire and they were subsequently auctioned off on NameJet.
eNom and Network Solutions asked the court to dismiss the case based on improper jurisdiction. Zuccarini had agreed to contracts with “forum selection clauses” when he registered the domain names. The court determined that the case should not be dismissed outright as the defendants wished, but instead should be transferred to the Eastern District of Virginia (pdf).
This move was not entirely unexpected. When the case was filed, domain name attorney John Berryhill (who is not involved in the case) commented on Domain Name Wire: “Venue Fail. He is in the District of Southern Florida alleging breach of contract, when the contract specifies that disputes are to be brought in Virginia.”