RESPONSE COVER SHEET
Note: All references to the "Rules" and the "Policy" are to the
ICANN Uniform Domain Name Dispute Resolution Policy and Rules. All references to the "Supplemental Rules" are to the National Arbitration Forum's Supplemental Rules.
Respondent submits the following pursuant to Rule 5 and Supplemental Rule 5:
Correction to Complainant's Identification of Respondent: Complainant identified Irish Realty Corporation ("IRC") as the registrant of. Although IRC is currently listed in the Network Solutions WHOIS database as the registrant of this domain, the true owner is rockcity.com, L.L.C. The administrative contact for this domain name is John Kennedy, one of the founding owners of rockcity.com, L.L.C. John Kennedy is also an owner of IRC, which is the manager of rockcity.com, L.L.C. Prior to the formation of rockcity.com, L.L.C., John Kennedy and IRC obtained ownership of (as well as other similar domain names) on behalf of rockcity.com, L.L.C. Although rockcity.com, L.L.C. now owns these domain names, IRC holds the registrations on behalf of rockcity.com, L.L.C. Therefore, both IRC and rockcity.com, L.L.C. are Respondents in this proceeding and all references to "Respondent" refer collectively to IRC and rockcity.com, L.L.C.
Related Proceeding and Request for Consolidation: Complainant has filed an identical arbitration proceeding with respect to, which is scheduled to be arbitrated concurrently with the present proceeding. IRC and John Kennedy registered this domain name on behalf of rockcity.com, L.L.C., the true current owner. However, due to an inadvertent error, the registrant name field in the WHOIS database was not updated upon transfer of the domain name from the prior owner to IRC, even though all remaining fields reflect the assignment. Thus, the registrant is currently listed as "rock-city." Because the Network Solutions WHOIS database lists different "registrants" for the two domain names, these proceedings could not be consolidated under the Forum's rules. Respondent submits that, despite the error, the proceedings should be consolidated because they involve the same parties and the same facts. (This inadvertent error did not come to Respondent's attention until just recently; Respondent intends to remedy the error as soon as possible.)
Correction to Complainant's Identification of Registrar: Complainant incorrectly identified the Registrar with whom the domain name is registered as Verio, Inc. The correct Registrar is Network Solutions.
Response and Bases: Respondent's response to the allegations in the Complaint and statement of bases for Respondent to retain registration and use of the domain name ("Response and Bases") is attached. Pursuant to Rule 5(b)(i) and Supplemental Rule 5(a), the Response and Bases does not exceed 10 pages.
Respondent's Contact Information:
Name:rockcity.com, L.L.C.
Address:120 N. Robinson, Suite 2100
Oklahoma City, OK 73102
Email:wescf51@aol.com
Phone:(612) 859-3649
Facsimile:(954) 841-6526
Name:Irish Realty Corporation
Address:120 N. Robinson, Suite 2100
Oklahoma City, OK 73102
Email:wescf51@aol.com
Phone:(612) 859-3649
Facsimile:(954) 841-6526
Respondent's Authorized Representative:
Name:Ann K. Ford, Esq.
Address:1050 Connecticut Ave., NW, Suite 1100
Washington, DC 20036
Email:aford@bakerlaw.com
Phone:(202) 861-1688
Facsimile:(202) 861-1783
Respondent's Preferred Method for Communication:
Person:Ann K. Ford, Esq.
Electronic:Email: aford@bakerlaw.com
Hard copy:Facsimile: (202) 861-1783
Panel Election and Candidates: Respondent elects to have the dispute decided by a three-member panel. Pursuant to Rule 5(c) and Supplemental Rule 16, Respondent encloses a check in the amount of $1,125, payable to the National Arbitration Forum. Respondent submits the following three candidates to serve as one of the Panelists:
(1)Jeffrey H. Kaufman (Arlington, VA)
(2)Jonathan Hudis (Fairfax, VA)
(3)Patrick Jay Hines (Arlington, VA)
Service: A copy of this Response has been sent to the Complainant by email and Federal Express.
Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.
ROCKCITY.COM, L.L.C.
IRISH REALTY CORPORATION
Ann K. Ford
Baker & Hostetler LLP
Attorneys for Respondent
Irish Realty Corporation – Response Cover Sheet
File Number: FA0005000094906
Domain Name: rockcity.com
Irish Realty Corporation – Response Cover Sheet
File Number: FA0005000094906
Domain Name: rockcity.com
Page PAGE 1 of NUMPAGES 3
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.