The above-identified opposer believes that he and many others will be damaged by registration of the mark shown in the above-identified application, and hereby opposes the same.

"Rock City" also known as ÓRock City News, is, and has been, L.A.'s rock newspaper and entertainment service, in the field of "rock music," since 1988. This includes publishing and distributing the newspaper throughout Los Angeles, as well as sponsoring promotions of bands and music news shows, and concerts.

"Rock City" has also been providing digital music, music news, and music entertainment services via the global computer network since 1996. These include both original, and multi-media productions of music news and entertainment, located at "rockcitynews.com."

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The Grounds for Opposition
to the trademark application for "rockcity.com"

1. It's same name and thus confusing. "rockcity.com" is simply "Rock City" on the web.

2. It has the same meaning. "rock city" means, or has to do with, "rock and roll."

3. Their use is confusing in that they feature rock TV shows with the same setting. ie: Hollywood & the Sunset Strip.

4. They have the same actual location. Their office is in our same town, Hollywood, on our same street, Sunset Blvd, less than a mile from our office.

5. Their use is of similiar content. They feature an online TV show about a Rock Band that comes to Hollywood and the Sunset Strip.

6. The registrants didn't use the name in a bonifide offering of services before using it to start their website at the end of 1999.

7. We tried to obtain the name "rockcity.com" in February 1997, with trademark rights, but it's owner tried to sell us the name for $25,000.

8. They then knew or should have known we had the trademark for "Rock City" and wanted the name, yet withheld it from us for 3 years.

9. The registrants are trying to trademark "rockcity.com" simply to avoid trademark laws, because they know we are "Rock City."

10. They are purposely using our trademark name to attract internet users to their website, which is an exact copy of our famous trademark, to capture our audience and reputation for their commercial gain.

11. They are purposely using our trademark name to obtain money from sponsors, using our famous trademark, for their commercial gain.

12. They are purposely using the subject matter of our famous trademark name in a way as to cause a likelihood confusion, to capture our audience for their commercial gain.

13. They are attempting to trademark a ".com" name, which by law would mean their business is only* on the global computer network, yet they have a real "brick and mortar" high visibility street-front office on the Sunset Strip, which they promote on their website.
*(as stated in the U.S. Trademark Examination Guide No. 2-99, regarding "marks composed, in whole or in part, of domain names.")

14. "rockcity.com" is registered to a "John Kennedy" in Oklahoma City, but is actually located here in Hollywood, and is self-proclaimed to be founded by Hollywood producer named "Hunt Lowry." These confusing smoke screens, as well as 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 it causing much confusion in L.A. among our readers. Almost everyone I've talked to has seen the banner on Sunset and thinks it's us. We have recently had a lot of calls from people looking for them, and have gotten numerous other reports of such confusion.

Their website has already caused damage to us by trivializing our name with their fake band TV show, which to us, is making fun of "Rock City."

As L.A.'s 17 year historical rock documentation, "Rock City" is of historical value to the pop culture of America, and they are currently damaging the historical roots of many of L.A.s greatest bands.

PROTEST THIS THURSDAY!

Rock City News is organizing a protest in front of the infringing office at 8778 Sunset Blvd on Thurs, Sept 28th.
Anyone wishing to help with this cause is welcome to show up and help us picket. Call 323-461-6600 for more info.

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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