ICANN'S Uniform Domain Name Dispute Resolution Policy
Domain Name Dispute Complaint Grounds
"Rock City" against "rockcity.com"
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"Rock City" / "Rock City News" is, and has been, L.A.'s Rock Newspaper since 1988
Below are the answers to the questions required for the Network Solutions Arbitration complaint regarding the domain name "rockcity.com."
1. The manner in which the Domain names are identical or confusing.
a. The same name. "Rock City" is the same. "rockcity.com" is the same as "Rock City" and we are the trademark holder, having been commonly known as "Rock City" since 1988. "rockcity.com" would simply be "Rock City" with a ".com" on the end for the internet.
Since we are a published Los Angeles newspaper with subscriptions across the U.S., we would also be "famous."
b. "Rock City" has the same meaning: "Rock & Roll," as opposed to "Stone City."
c. Same setting: Their web page is focused on and about Hollywood, the Sunset Strip, and a rock band, with "Rock City" and "Sunset Strip" side by side, with "Rock City News" underneath, (also our trademark name).
We have been the rock newspaper on the "Sunset Strip" in "Hollywood" since '87.
c. Same actual location: "rockcity.com" has rented high visability street front property at 8778 Sunset Blvd on the Sunset Strip, less than a mile from our office. This is an actual streetfront property in the middle of the Sunset Strip, with heavy foot traffic. We have had our offices on the Sunset Strip or just off the Sunset Strip since 1983.
d. Similiar content: Their website is a TV show about a rock and roll band that comes to Los Angeles, and ours is a news magazine that covers rock and roll bands that come to Los Angeles. It is still very similiar and confusing. Both are about rock and roll entertainment.
Rock City / Rock City News is also a music entertainment organization.
1. We have sponsored many local rock shows over the years.
2. We do our annual "'Rock City" Awards Show honoring L.A.'s best local bands.
3. We air these shows on public access TV channels throughout L.A.
4. We put out local band compilation Records and CD's to help promote bands.
5. We sponsor many bands to help further their careers.
6. We built and maintained a free rock music listening service for bands since '95.
7. We donate public service ads and announcements for the community.
8. Since 1996, we have built a huge online rock entertainment website, which is basically our entertainment rock news on a "Global Computer Network" (the internet).
2. Why respondent should be considered as having no rights or legitimate interest in the domain name.
a. They were not using the name in a bonifide offering of goods or services before using the domain name.
(as stated in paragraph 4.c.i)
b. They knew or should have known we existed and that we had the trademark. Further, they knew we wanted the name, yet held from us for 3 years before they ever used it.
c. They apparently registered the name in bad faith, transfered or changed registrants names in bad faith, and changed the address in bad faith, all before using the name in bad faith, and continuing to do so today despite our letters. (see below)
3. Why the domain name should be considered as having been registered in bad faith.
a. The original registrant of the domain name said they would sell us the name for $25,000 in February, 1997. This was J. Sloatman of "Only Multi-Media Inc," in Studio City, California, less than a mile from our main office. They tried to transfer the name to us, the owner of the trademark name, for valuable consideration in excess of their documented out of pocket costs. (as stated in paragraph 4.b.i)
b. The registrants of "rockcity.com" knew that we existed, and that we wanted the name, yet they purposely withheld the name from us, the owner of the trademark, from reflecting our mark in a corresponding domain name.
(as stated in paragraph 4.b.ii)
c. We allege that the registrants of "rockcity.com" couldn't register a fictitious business name for "Rock City" in Los Angeles, so they simply changed the registration name and address to Oklahoma City. We also allege that they now call their business "rockcity.com" simply to avoid trademark laws for "Rock City."
Their office is actually here in Los Angeles at 8778 Sunset Blvd. and they have actually been doing business here for the last few months, with a high visability street-front Sunset Strip office, since their website first opened.
(photos of their office door, it's location, and banner on Sunset Blvd included for evidence)
d. They are purposely using the "name" to attract internet users to their web site, "rockcity.com," which is an exact copy of our "famous" trademark, "Rock City" to capture our audience and reputation for their commercial gain.
(as stated in paragraph 4.b.iv)
e. They are purposely using the "subject matter" of their webpage, "rockcity.com" in a way as to cause a likelihood confusion with our "famous" business. The subject matter of their website appears to be identical to ours, and is enough of a confusion to capture our audience for their commercial gain.
(as stated in paragraph 4.b.iv)
f. They are obtaining money from corporate sponsors for "rockcity.com," a name which reflects our "famous" trademark, "Rock City," for their commercial gain.
(as stated in paragraph 4.b.iv)
g. They are using their business as a ".com" name, which by law would mean their business in only* on the "global computer network," yet they have a real "brick and mortar" street-front high-visability office at 8778 Sunset Blvd, in Los Angeles. This office is also promoted on their website as being in the heart of the Sunset Strip. Their office phone # is 310-855-0021.
*(as stated in the U.S. Trademark Examination Guide No. 2-99, regarding "Marks composed, in whole or in part, of domain names")
(photos of their office door, it's location, and banner on Sunset Blvd included for evidence)
All of the above bad faith practices by "rockcity.com" shows a pattern of such conduct. They seem to be trying everything possible to get around trademark laws.
Their website has caused damage to us by trivializing our name with their fake band TV show, which to us, is making fun of "Rock City," L.A.'s 17 year historical rock documentation.
They have also caused other damages, including "diluting" our trademark reputation, and damaging the historical roots of many of L.A.'s greatest bands.
Rock City vs. rockcity.com - Table of Contents w/ evidence - Complaint - Grounds - Trademark /Timeline - Response Cover - Response - Response to Response - ICANN Decision - Our Opinion/Press Release - Call 323-461-6600 or email us.