Church
of Israel
Route
1 Box 218
Schell
City, Missouri 64783
(Complainant)
v. ) Domain
Names In Dispute:
) CHURCHOFISRAEL.COM
Jerry
Gentry aka JG ) THECHURCHOFISRAEL.COM
Route
2 Box 198 ) THECHURCHOFISRAEL.ORG
Big
Sandy, Texas 75755 ) REFORMEDCHURCHOFISRAEL.COM
(Respondent) ) GAYMANGATE.COM
) Case Number: FA0309000193928
RESPONSE
[1.] Respondent received a Notification of Complaint and Commencement of Administrative Proceeding on September 17, 2003. The Notification stated that Complainant had submitted a Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN Policy), and the Rules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules), adopted by ICANN on August 26, 1999 and approved by ICANN on October 24, 1999, and the National Arbitration Forum (NAF) Supplemental Rules (Supp. Rules). ICANN Rule 4.
[2.] RESPONDENT INFORMATION
[a.] Name: Jerry Gentry aka JG
[b.] Address: Rt
2 Box 198, Big Sandy, TX 75755
[c.] Telephone: 903-845-5778
[d.] Fax: 940-272-0070
[e.] E-Mail: jerry@acgrace.com
[NONE.] ICANN Rule 5(b)(ii).
The RespondentÕs preferred method for communications directed to the Respondent in the administrative proceeding: ICANN Rule 5(b)(iii).
Electronic-Only
Material
[a.] Method: email
[b.] Address: jerry@acgrace.com
[c.] Contact: Jerry
Gentry
Material
Including Hard Copy
[a.] Method: FAX
[b.] Address/Fax: 940-272-0070
[c.] Contact: Jerry Gentry
The Respondent chooses to
have this dispute heard before a single-member
administrative panel. ICANN Rule 3(b)(iv).
[c.]Trademark/Service Mark Information: ICANN Rule 3(b)(viii).
The Church of Israel was formed on December 13th 1981 in
Schell City Missouri when the Church of Our Christian Heritage voted to disband
and form a new church under the name ÒChurch of IsraelÓ. <See Exhibit A> The Church of Israel filed a public notice of its
formation and its name Jan 11th 1982. The
Church of Israel
has operated continuously since Jan 11th 1982 under the name(s) ÒChurch
of IsraelÓ and Òthe Church of IsraelÓ.
Denied.
Complainant in <Complainant Exhibit A> <Complainant Exhibit B>
fails to prove the time of the board meeting or meetings. Were there two board
meetings, the first Òon December 13, 1981 at 1:00PMÓ and the second on ÒJanuary
11, 1982?Ó Which meeting do the signatures in <Complainant Exhibit A>
witness? No evidence is given to substantiate ÒThe Business Meeting of the
Church Congregation to be held on January 3, 1982 at 11:00 A. M.Ó referred to
in <Complainant Exhibit A> 1) G. In <Complainant Exhibit B> the
notary signature is dated January 11, 1982, whereas the document states:
ÒSigned and witnessed this 12th day of January, 1982.Ó Dates are in
conflict and official Notary Seal is missing. The evidence in <Complainant
Exhibit A> and <Complainant Exhibit B> is not credible. At best, both
documents appear to be hastily thrown together on the same day and contain
inaccurate and conflicting information and questionable signatures.
Complainant
has claimed no registered trademark/s or service mark/s in the name/s of
ÒChurch of IsraelÓ, ÒThe Church of IsraelÓ or in any of the other disputed
names. A search at the United States Trademark Office http://www.uspto.gov confirms there are no
registered trademarks or service marks in any of the names in dispute. A recent
google.com search of ÒChurch of IsraelÓ yielded over 2000 hits, few of which
were connected at all with Complainant. ÒChurch of IsraelÓ is a generic church
name used broadly in reference to many different churches and congregations.
ÒPublic
noticeÓ is asserted without proof, and is contrived and bogus.
It is noted that
ÒFirst Baptist Church,Ó of Brooklyn, NY, owns and operates a domain name and
website located at http://www.firstbaptistchurch.com.
<Exhibit 1>It is noted that ÒFirst Baptist ChurchÓ of Danville, KY, owns
and operates the domain name first-baptist-church.com (http://www.first-baptist-church.com)
which is pointed to their website at http://www.fbcdanville.org.
<Exhibit 2> It is noted that the domain name baptist.com and website
located at http://www.baptist.com
<Exhibit 3>is owned and operated by an individual, A. S. Noe. Many
Baptists elsewhere may not agree with the content of Mr. NoeÕs Baptist.com
website, or the content found on other Òfirstbapistchurch.com, .org, .net,
.info, etc. websites. Some Baptists would undoubtedly like to own these domains
in order to remove what is posted currently. This is one reason the internet is
regulated and domain owners are protected against reverse domain name
hijacking. There is no question who the various rightful registered owners of
the various ÒFirst Baptist ChurchÓ and ÒBaptistÓ domains are. So it is with
ÒChurch of Israel,Ó ÒThe Church of IsraelÓ and all the registered domains in
dispute. This is a clear case of harassment by Complainant, in an effort at
reverse domain name hijacking, to deprive Respondent of his lawful rights to
post his information to the internet irrespective of ComplainantÕs disapproval.
[3.] FACTUAL
AND LEGAL GROUNDS
This
Complaint is based on the following factual and legal grounds: ICANN Rule
3(b)(ix).
[a.] ICANN
Rule 3(b)(ix)(1); ICANN Policy ¦ 4(a)(i).
The domain names <ChurchofIsrael.com> <TheChurchofIsrael.com> <TheChurchofIsrael.org> & <ReformedChurchofIsrael.com> are identical and or confusingly similar to the
name of the Church of
Israel in Schell City
Missouri which was established in 1981.
Denied.
Complainant failed to show sufficient evidence < Complainant Exhibit
A><Complainant Exhibit B> that its organizational meeting/meetings
actually took place. Complainant has failed to prove his documents are genuine
and not forged. Complainant above clearly identifies itself as Òthe Church of
Israel in Schell City Missouri,Ó which is distinguished from other churches
elsewhere also known as ÒChurch of Israel.Ó
The
ÒChurch of IsraelÓ purported by Complainant to have been Òestablished in 1981,Ó
cited above, was established, if at all, for the benefit of only one local
congregation. The <ChurchofIsrael.com> domain name and website was/is
maintained by Respondent on behalf of and for the benefit of himself and ALL
the various ÒChurch of IsraelÓ congregations and other churches in the various
locales, states, and countries around the world. The evidence provided does not
establish complainantÕs claim to exclusive ownership and use of the name/s
ÒChurch of IsraelÓ and ÒThe Church of IsraelÓ.
[b.] ICANN Rule
3(b)(ix)(2); ICANN Policy ¦ 4(a)(ii).
The Respondent <Jerry Gentry aka JG> volunteered to create and maintain a website for the Church of Israel congregation in Schell City, Missouri in August of 1999. The Respondent <Jerry Gentry aka JG> registered the domain name <ChurchofIsrael.com> on behalf of the Church of Israel Congregation in Schell City, Missouri, on September 5th 1999. He then created and maintained a website for the Church of Israel on a voluntary basis.
Denied.
Complainant confuses the names ÒChurch of Israel congregation in Schell City,
MissouriÓ with the generic denomination name ÒChurch of Israel.Ó These two
names differ legally and substantially. Use of the same or similar names is not
unusual among churches in various cities, ie., ÒFirst Methodist Church,Ó ÒFirst
Baptist Church,Ó ÒFirst Presbyterian Church,Ó etc., are names of churches found
in nearly every city in the United States. So it is with ÒChurch of Israel.Ó
In Mid-November of 2000, The Respondent <Jerry
Gentry aka JG> left the Church of Israel. Shortly thereafter, The Respondent
<Jerry Gentry aka JG> agreed to turn over control of the domain name <ChurchofIsrael.com> to the Church of Israel in
Schell City, Missouri. <See
Exhibit C> Unfortunately, to this
date, The Respondent <Jerry Gentry aka JG> has not kept his word.
Denied.
In November 2000, Complainant through its head Bishop Dan Gayman, personally
requested that Respondent transfer the domain name <ChurchofIsrael.com> to
Complainant by oral contract for an agreed sum of money and other
consideration, none of which were ever fulfilled by Complainant. On or about
November 13, 2000, a conflict had developed between Complainant and Pastor
Scott Stinson, who was a Minister and Chairman of the Board of Òthe Church of
Israel in Schell City MissouriÓ which is one and the same as Complainant. This
conflict resulted in a church split. Later, Complainant through its head Bishop
Dan Gayman filed suit against Pastor Scott Stinson, seeking to negate the terms
of a signed ÒPeaceful Separation
Agreement.Ó The suit was tried in Federal District Court, Vernon County, MO, on
July 10-12, 2002. Respondent was a key witness against Plaintiff, who is one
and the same as Complainant. On April 22, 2003, Senior Judge George Baldridge
ruled in favor of Defendant Scott Stinson that Plaintiff Dan Gayman (one and
the same as Complainant) had misrepresented the facts. He had lied. Judge
Baldridge wrote: ÒIt is material that the PlaintiffÕs hands are dirty in
acquiring the right they now assert.Ó The ruling can be read at http://www.gaymangate.com/ConclusionsOfLaw16.htm
<Exhibit 5g-5h> and additional links posted. See article in the Joplin Globe
http://www.joplinglobe.com/archives/story.php?story_id=14477
<Exhibit 4> for more details, as well as a previous Joplin Globe special
investigative report entitled ÒORDAINED BY HATE,Ó by reporter Max McCoy, posted
at http://www.joplinglobe.com/features/hate/index.shtml
<Exhibit 5, Exhibit 5aÑ5g> which outlines in detail the questionable
history of head Bishop Dan Gayman and Complainant ÒChurch of Israel in Schell
City Missouri,Ó including the cover-up of his substantial land holdings and
family business sheltered under the guise of his Òchurch,Ó for purposes of
evading income taxes. Evidence of ComplainantÕs CULT activities can be found at
http://www.rickross.com/groups/israel.html
<Exhibit 6>.
Judge
George Baldridge wrote that, Gayman by his own admission was "boss"
of Gayman Ministries, an entity which kept its donations separate from the
Church of Israel, and which used its money to purchase real estate, although
the property was titled in the name of the trustees of the Church of Israel.
But in essence, Baldridge said, the trustees were only holding the property in
trust for the Gayman Ministries.
In
Judge BaldridgeÕs ruling, he wrote: ÓThis court further finds that the Church
of Israel does not have clean hands in seeking of this court a declaration of
title. ... The maxim that he who comes into equity must come with clean hands
is a cardinal one which touches to the quick the dignity of a court of
conscience itself."
On December 28th 2000, The Respondent
<Jerry Gentry aka JG> registered in bad faith, the confusingly similar
domain names <ReformedChurchofIsrael.com> and <ChurchofIsraelRedeemed.com> and
subsequently created websites at those domains for the purpose of stealing the
identity of, and discrediting the true Church of Israel in
Schell City, Missouri.
Denied.
On May 18th 2001, The Respondent <Jerry
Gentry aka JG> replaced all content on the website he maintained at <churchofisrael.com> with a link to ÒThe New WebsiteÓ <See Exhibit D> and
archive.org link:
Denied.
ÒThe New
WebsiteÓ The Respondent <Jerry Gentry aka JG> linked to was <ChurchofIsraelRedeemed.com> <See Exhibit E> and
archive.org link:
The
purpose was to confuse and mislead website visitors, parishioners, and churches
in other parts of the world; to sow doubt about the Church of Israel in the minds of everyone he could; and to torment and
harass the people of the Church
of Israel in Schell City, Missouri, all
to the best of his abilities.
Denied.
On June 27th 2001, The
Respondent <Jerry Gentry aka JG> registered <GaymanGate.com> The purpose of this website was then, and is now, to
spread lies and half truths about Dan Gayman and
members of his extended family. <GaymanGate.com>
also serves to directly embarrass the people of the congregation of the Church of Israel, since Dan Gayman is one of
its founders and is still invited to speak there regularly.
ÒInvited
to speak there regularly?!!!Ó He is the acknowledged Kingpin ÒbossÓ of
Complainant and ÒGayman Ministries,Ó who exercises tightfisted control of
Complainant, and every aspect of events there! Respondent denies all
allegations. What Complainant claims to be Òlies and half truths about Dan
Gayman and members of his extended familyÓ are substantiated facts, unpleasant
as these facts may be to Complainant. By the time that the GaymanGate.com was
posted, allegations against ComplainantÕs head Bishop Dan Gayman and his Gayman
Ministries were many and widespread. He was involved in the cover up of heinous
crimes including CHILD ABUSE by his eldest son Doug Gayman. Complainant wishes
the truth found in some 178 pages of child abuse evidence, gathered by various
workers in the Department of Family Services, Greene County (Springfield)
Missouri, to be squelched. The evidence is all posted at http://www.gaymangate.com/connygaymanindex.htm <Exhibit 7>.
The
Division of Family Services, 101 Park Central Square, Springfield, MO 65806
provided the CHILD ABUSE REPORTS.
Complainant
through its head Bishop Dan Gayman has lied about the causes of the CHURCH
SPLIT, which took place in Nov/Dec 2000 and during the months following.
However, the public has had continuous access to the facts through DOCUMENTED
EVIDENCE posted at GaymanGate.com. GaymanGate.com was and is among other things
operated for the purpose of disseminating the facts concerning the lies,
deceptions and cover up of Complainant, and its efforts to control the minds
and actions of the people in this Òchurch.Ó This church has many markings of a
CULT. See
http://newstribune.com/stories/060303/wor%5F0602030051.asp
<Exhibit 8> and article ÒRudolph Spent Months with Church of Israel in
Missouri.Ó
On July 21st 2001, <ChurchofIsrael.com> DNS records were updated by The Respondent <Jerry
Gentry aka JG> to redirect traffic to his counterfeit Church of Israel website <ChurchofIsraelRedeemed.com> in an effort to confuse and mislead Church of Israel website visitors, parishioners, and churches in other
parts of the world into believing that the Church of Israel was
under new leadership.
Denied.
Complainant asserts but fails to prove his claim that
ÒChurchofIsraelRedeemed.comÓ is counterfeit. On the contrary, this website
was/is operated by Respondent and his affiliates and friends, as a ministry.
This
generic ÒdenominationalÓ name ÒChurch of IsraelÓ has ALWAYS been used by the
various churches located in differing cities, which chose to use that
designation for their church, much like ÒFirst Baptist ChurchÓ and ÒChurch of
ChristÓ are used in many different locales without bad faith or confusion.
There exist many additional denominational churches, where a single
congregation owns the domain name and website, even though there are hundreds,
perhaps thousands, of churches by that same name located elsewhere, such as:
http://www.churchofchrist.com/ There
are thousands of local churches called ÒChurch of ChristÓ all over the United
States, but the domain name and website by that name is owned and operated
exclusively by a single Church of Christ, Omaha, NE.
http://www.churchofgod.com appears to be
a clearinghouse of links to just about every Christian denomination, which
operates separate and distinct from all the various ÒChurch of GodÓ churches
nationwide.
http://www.firstmethodistchurch.com/
There are literally thousands of churches called ÒFirst Methodist Church,Ó but
only a single local church owns the domain name and operates a website at that
address.
In
addition, the following ÒPREMIUM DOMAIN NAMESÓ are currently offered for sale,
by one domain name clearing house:
http://www.catholic-church.com
http://www.oldcatholicchurch.com
http://www.e-catholicchurch.com
http://www.anglicancatholicchurch.com
http://romancatholicchurches.com
ComplainantÕs
dispute is designed to intimidate, harass and deprive Respondent of his
rightful ownership of disputed domains, in a clear effort at reverse domain
name hijacking.
By September 27th 2001, it became apparent
that The Respondent <Jerry Gentry aka JG>Õs efforts to destroy the Church of Israel and form a new church with the Church of IsraelÕs name had failed. The Respondent <Jerry Gentry aka
JG> then updated the DNS records to redirect legitimate traffic destined for
the Church of Israel website <ChurchofIsrael.com> to his new hate website <GaymanGate.com>
to further embarrass and harass the congregation of the Church of Israel in Schell City, Missouri, and Dan Gayman personally. DNS records for <ChurchofIsrael.com> point to <Gaymangate.com>
to this very day, proving that The Respondent <Jerry Gentry aka JG> has
acted in bad faith and has no legitimate interest in the Church
of Israel name at all.
Denied.
Complainant has failed to prove his allegation that Respondent has Òupdated DNS
records to redirect legitimate trafficÓ to an incorrect website. Complainant
asserts without proof that Respondent has posted website content Òto further
embarrass and harass,Ó which Respondent denies. Respondent has defined, created
and posted, at various times, the content best suited for both websites in
question, as a service and ministry to readers, just as Complainant has done in
ComplainantÕs 14 websites below:
http://www.churchofisrael.info
<Exhibit 9>
http://www.watchmanoutreach.com
<Exhibit 10>
http://www.watchmanoutreach.org
http://www.watchmanoutreach.net
http://www.watchmanoutreach.biz
Complainant
desires to Òkill the competitionÓ through misrepresentation, fraud and
harassment, in an effort to rob the Respondent of his rightful ownership of
disputed domain names and websites and to squelch RespondentÕs freedom of
speech.
On January 6th 2002, The Respondent
<Jerry Gentry aka JG> registered more domain names in bad faith. <TheChurchofIsrael.com> and <TheChurchofIsrael.org>
were registered for the express purpose of directing web traffic to <GaymanGate.com> to cause hurt and embarrassment to the people of the
congregation of the
Church of Israel in Schell City,
Missouri, and tarnish its good name around the world.
Denied.
Complainant herein once again admits that its ÒChurch of IsraelÓ is in fact limited
to Òthe people of the congregation of the Church of Israel in Schell City,
Missouri.Ó Many churches are known under the name/s ÒChurch of IsraelÓ and ÒThe
Church of Israel,Ó outside the geographical area, control and ecclesiastical
authority of Complainant through itÕs head Bishop Dan Gayman. No confusion
exists in the minds of any who read the various websites.
In numerous telephone conversations, emails and faxes,
The Respondent <Jerry Gentry aka JG> had initially promised to return
these domains to the Church
of Israel and failed to follow through <See Exhibit C> But soon after his departure from the Church of Israel in November of 2000, The Respondent <Jerry Gentry
aka JG> has refused outright to turn over control of these domain names to
the Church of Israel in Schell City, Missouri. Instead he has continued to
use the domain names <ChurchofIsrael.com>, <TheChurchofIsrael.com>,
and <TheChurchofIsrael.org> to redirect traffic to his website <GaymanGate.com> where he is to this date, actively involved in a
vicious personal crusade to destroy the reputation of Dan Gayman, at the
expense of the reputations of the people of the Church of Israel in Schell
City, Missouri, and around the world. <See Exhibit F>
Denied.
Complainant asserts without proof that Respondent was at some point obligated
to Òreturn these domainsÓ to Complainant. This statement implies that
Complainant at some time in the past had some claim to ownership of disputed
domains and that Respondent has somehow ÒstolenÓ them. Yet Complainant offers
no proof.
The Respondent <Jerry Gentry aka JG> still
maintains a website at <reformedchurchofisrael.com>, which he registered
in bad faith December 28th 2000, The Respondent <Jerry Gentry aka
JG> uses a bogus P.O. Box address in Schell City, Missouri on the main page
of <reformedchurchofisrael.com>. The PO Box is Bogus, because it was
unregistered, never paid for, inactive, and never used, according to the
postmaster in Schell City, Missouri.
The Respondent <Jerry Gentry aka JG> lives in Big Sandy, Texas,
hundreds of miles away from Schell City, Missouri. The only reason he would
pretend to use a Schell City, Missouri address is to further deceive website
visitors into thinking that they had found the true Church of IsraelÕs website
and to continue the deception that there is another Church of Israel. <See Exhibit G >
Denied.
Respondent and approximately 50 individuals met for an annual Pentecost
gathering at the Community Building, Schell City, Missouri, in June, 2001.
Scott Stinson was presiding Pastor. All who attended considered themselves to
be members and/or friends of the Church of Israel, but no longer under
direction of Bishop Dan Gayman and his Complainant church. Many of these same
people have continued to meet at various places near Schell City, Missouri, and
elsewhere, and at various times under the various ÒChurch of IsraelÓ church
names in dispute.
ICANN
Policy ¦ 4(c):
The Respondent <Jerry Gentry aka JG> offers no goods or services in connection with any of the aforementioned domain names. The Respondent <Jerry Gentry aka JG> is intentionally deceiving website visitors to <reformedchurchofisrael.com> into believing that they are at the website of the Church of Israel.
Denied.
Website speaks for itself and does not represent itself to be Complainant.
The Respondent <Jerry Gentry aka JG> continues
to this day to use the domain names in question to impugn the good name, and
harass the congregation and clergy of the Church of Israel in
Schell City, Missouri and around the world.
Denied.
At no time has The Respondent
<Jerry Gentry aka JG> been known as the Church of Israel,
nor has he ever been a member of its board of directors, though at one time, he
was a beloved and supportive member of the Church of Israel.
Denied.
Respondent became a member of a local ÒChurch of IsraelÓ congregation in Texas
in 1989, which he helped form. He has continuously attended that church and
welcomed members and visitors into that church for some 14 years. Complainant
through itÕs head Bishop Dan Gayman knows this to be a fact, because Bishop Dan
Gayman was once invited and spoke to the Church of Israel congregation in Big
Sandy, Texas, which was then as now under RespondentÕs authority and
ministerial supervision.
[c.] ICANN Rule 3(b)(ix)(3); ICANN Policy ¦ 4(a)(iii).
The
Respondent <Jerry Gentry aka JG> registered the domain names in question
on behalf of, and for the people of the congregation of the Church of Israel in Schell City, Missouri. He did at one time
voluntarily maintain a website for the Church of Israel, but
since then has used the name of the Church of Israel in
bad faith to attack the reputations of its members and clergy.
Denied.
ICANN Policy ¦ 4(b):
The
Respondent <Jerry Gentry aka JG> registered the domain names in question
in bad faith to prevent the Church of Israel from using its
own name for its Christian Mission on the internet, to harass and disrupt the
members of the Church
of Israel, to confuse and befuddle its
outreach ministry, remote members,
other churches around the world, and to personally and directly attack Dan Gayman.
Denied.
ICANN Rule 3(b)(x);
ICANN Policy ¦ 4(i).
[4.] OTHER
LEGAL PROCEEDINGS
[NONE] ICANN Rule 5(b)(vi).
[5.] RESPONSE
TRANSMISSION
The Respondent asserts that a copy
of the Response, as prescribed by NAFÕs Supplemental Rules, has been sent or
transmitted to the Complainant, in accordance with ICANN Rule 2(b). ICANN Rule 5(b)(vii); NAF Supp. Rule 5.
[6.] The
Respondent respectfully requests that the Administrative Panel denies the remedy
requested by the Complainant.
Considering the evidence presented
above, the Respondent requests that the Panel make a finding of reverse
domain-name hijacking. ICANN Rule 15(e).
[7.] CERTIFICATION
Respondent certifies that the
information contained in this Response is to the best of RespondentÕs 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.
Respectfully Submitted,
Jerry Gentry
October 7, 2003
[Index of Exhibits Attached, Exhibits 1-10
Attached] ICANN Rule 5(b)(ix).
[10 pages.]
NAF Supp. Rule
5(a).
[Three copies sent by email and by fax.] NAF Supp. Rule 5(b).