On April 12, 2012, the domain name MD.org sold at a record setting NameJet.com auction for $555,650.00 to the high bidder ID of ‘Winters”
Today the seller of the domain name, Privacy LLC, (Privacy) filed a lawsuit along with NameJet, LLC (“NameJet”) against Scott Ross and “Does defendants 1-3″ which “may include Ari Goldberger, Esq. and Larry Fischer”, for breach of contract, in refusing to pay for the domain name.
The suit was filed in the Circuit Court of Fairfax County Virgina.
Here are the relevant allegations as stated in the complaint:
“”Defendant Scott Ross (“Ross”) is a citizen of the United States who upon information and belief resides in the State of Florida.
Although Ross was the buyer who agreed to purchase the domain name at issue, Plaintiffs believe Ross was a straw man acting as a proxy, agent, and co-conspirator with and for other undisclosed parties who are named as Does in this complaint.
Defendants Does 1-3 are the agents, principals, and/or co-conspirators of Ross who directed Ross, or acted in common control and concert with Ross, to enter into and breach the contract discussed in this complaint.
Plaintiffs believe Does 1-3 may include Ari Goldberger and Larry Fisher, but without discovery Plaintiffs have not confirmed their involvement.
After Plaintiffs confirm the identities of the Does, Plaintiffs will seek leave to amend this complaint to name them properly.
On or about July 26, 2008, Ross created an account with Internet domain auction platform Namejet.com. Upon doing so, Ross agreed to the NameJet Terms.
Based upon information and belief, Plaintiffs understand that Ross created the account with NameJet in concert with agents and principals, who by their active conspiracy and partnership with Ross are equally liable as the domain name buyer
The NameJet Terms state that the highest bidder at the end of an auction held on NameJet.com is obligated to complete the transaction with the seller for the amount of the highest bidder’s bid.
The NameJet Terms also state that all payments associated with using the Namejet.com service are due immediately upon demand.
From April 10, 2013 to April 12, 2013, an auction was held on NameJet.com for MD.ORG and Ross—together with his co-conspirators, partners, and principals—placed the highest bid, $555,650.00, at the time the auction ended.
NameJet, as the sales venue for transactions conducted through its website, receives a portion of the sales price as a commission for each transaction completed through its service.…
