FOR IMMEDIATE RELEASE . . .

Local L.A. Music Newspaper
Fights Internet Trademark Infringement


Rock City vs rockcity.com

"WILL THE REAL ROCK CITY PLEASE STAND UP"

The following represents our opinon of this case

Rock City / Rock City News, L.A.'s local rock newspaper since 1983, is currently being damaged by a new corporate company infringing on it's trademark name.

Ruben MacBlue, publisher and editor, has filed all legal paperwork for "Rock City" since 1988 and has been doing business as such in Los Angeles ever since. Rock City has built up a name for itself in the music entertainment industry, and has promoted, helped, and sponsored thousands of L.A.'a local musicians and bands over the past 17 years.

Rock City has also been trying to obtain the name rockcity.com, as it's legally reflected trademark name, since February 1997. However the name has been withheld by cybersquatters for $25,000.

Last year, a corporate company, founded by famous Hollywood producer Hunt Lowry, bought the name, and are currently operating an online entertainment site featuring rock music and movies. They are also using Los Angeles and the Sunset Strip as content. This is direct, obvious, and damaging infringement of Rock City's name and website, which has been online since 1996.

Rock City recently filed a complaint with Network Solutions' ICANN arbitration to try to stop the infringing corporation, but after six months of legal paperwork and thousands of dollars in filing fees and litigation costs, the ICANN arbitration panel said the case was out of their jurisdiction, and referred the case to Federal Court.

rockcity.com asserts that it selected the name in good faith for it's website, and was offering services (2 million dollars worth) under the domain name prior to the initiation of this dispute," which, according to ICANN, gives them rights and a ligitimate interest in the name. Apparently it doesn't matter who's name you steal, if you spend two million dollars before you get caught, it's yours.

The infringers from rockcity.com say in court papers that they decided to call their company rockcity.com, and THEN checked to see if the name was available. What a bunch of bullshit.

According to ICANN, it doesn't matter that Rock City has been trying to get this legally reflected name for four years, or that they have been legally been doing business as "Rock City" in Los Angeles for 12 years. ICANN did say that Rock City has proven their trademark name for "Rock City, " and that it is identical to "rockcity.com."

However, ICANN says Rock City hasn't proven "bad faith." What else is there to prove? The "bad faith" of rockcity.com is completely obvious. We feel ICANN had all the proof they needed. Anyone can see that their similair entertainment site, using the same name, in the same city, with offices and billboards on the same street, is blatant "bad faith."

ICANN says that Rock City would have a bonifide case if they can prove rockcity.com knew of Rock City's existance, yet went ahead. Do we have to prove the sky is blue too? All anyone has to do is search any search engine on the internet! Rock City had already been registered with all the major search engines for over three years, AND with the city of Los Angeles for twelve years.

From our experience, ICANN arbitration is just a worthless way for Network Solutions to take your money for nothing. All they have to say is "it's not our jurisdiction," and now Rock City has to take the case to Federal Court.

What kind of system do we have where victims have to spend tens of thousands of dollars in legal fees to keep a big company from simply taking their trademark name? What happened to individual's rights?

rockcity.com is blatantly infringing on Rock City's name, and has caused damage, which also represents damage to L.A.'s local rock music scene, bands, and historical culture.

There is a hole burning in the soul of Rock City. The paperwork and legal filings over the past six months have drained Ruben and Rock City. The infringement action has been so time consuming it has prevented Rock City from being able to improve their magazine, or their website, or take advantage of the current online music explosion. Ruben has been trying to control his anger and frustration, but this case is affecting his life and business. What good is a trademark if you have to have tens of thousands of dollars to keep corporations from just taking it?

Cut this article out and send it to anybody that can expose this unjust situation. A protest in front of the infringing office at 8778 Sunset might get the media involved. If you can help, call 323-461-6600, fax 323-461-6622, or write Rock City, 7030 De Longpre Ave, L.A. CA 90028

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 - Our Opposition to their application for trademark - Call 323-461-6600 or email us.