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 Respondent’s 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 “Church of Israel”. <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) “Church of Israel” and “the Church of Israel”.

 

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 “on December 13, 1981 at 1:00PM” and the second on “January 11, 1982?” Which meeting do the signatures in <Complainant Exhibit A> witness? No evidence is given to substantiate “The Business Meeting of the Church Congregation to be held on January 3, 1982 at 11:00 A. M.” referred to in <Complainant Exhibit A> 1) G. In <Complainant Exhibit B> the notary signature is dated January 11, 1982, whereas the document states: “Signed and witnessed this 12th day of January, 1982.” 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 “Church of Israel”, “The Church of Israel” 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 “Church of Israel” yielded over 2000 hits, few of which were connected at all with Complainant. “Church of Israel” is a generic church name used broadly in reference to many different churches and congregations.

 

“Public notice” is asserted without proof, and is contrived and bogus.

 

It is noted that “First Baptist Church,” of Brooklyn, NY, owns and operates a domain name and website located at http://www.firstbaptistchurch.com. <Exhibit 1>It is noted that “First Baptist Church” 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. Noe’s Baptist.com website, or the content found on other “firstbapistchurch.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 “First Baptist Church” and “Baptist” domains are. So it is with “Church of Israel,” “The Church of Israel” 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 Complainant’s 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 “the Church of Israel in Schell City Missouri,” which is distinguished from other churches elsewhere also known as “Church of Israel.”

 

The “Church of Israel” purported by Complainant to have been “established in 1981,” 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 “Church of Israel” congregations and other churches in the various locales, states, and countries around the world. The evidence provided does not establish complainant’s claim to exclusive ownership and use of the name/s “Church of Israel” and “The Church of Israel”.

 

[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 “Church of Israel congregation in Schell City, Missouri” with the generic denomination name “Church of Israel.” These two names differ legally and substantially. Use of the same or similar names is not unusual among churches in various cities, ie., “First Methodist Church,” “First Baptist Church,” “First Presbyterian Church,” etc., are names of churches found in nearly every city in the United States. So it is with “Church of Israel.”

           

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 “the Church of Israel in Schell City Missouri” 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 “Peaceful Separation Agreement.” 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: “It is material that the Plaintiff’s hands are dirty in acquiring the right they now assert.” 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 “ORDAINED BY HATE,” by reporter Max McCoy, posted at http://www.joplinglobe.com/features/hate/index.shtml <Exhibit 5, Exhibit 5a—5g> which outlines in detail the questionable history of head Bishop Dan Gayman and Complainant “Church of Israel in Schell City Missouri,” including the cover-up of his substantial land holdings and family business sheltered under the guise of his “church,” for purposes of evading income taxes. Evidence of Complainant’s 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 Baldridge’s ruling, he wrote: ”This 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 “The New Website” <See Exhibit D> and archive.org link:

 

Denied.

           

            “The New Website” 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.

 

“Invited to speak there regularly?!!!” He is the acknowledged Kingpin “boss” of Complainant and “Gayman Ministries,” who exercises tightfisted control of Complainant, and every aspect of events there! Respondent denies all allegations. What Complainant claims to be “lies and half truths about Dan Gayman and members of his extended family” are substantiated facts, unpleasant as these facts may be to Complainant. By the time that the GaymanGate.com was posted, allegations against Complainant’s 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 “church.” This church has many markings of a CULT. See

http://newstribune.com/stories/060303/wor%5F0602030051.asp <Exhibit 8> and article “Rudolph Spent Months with Church of Israel in Missouri.”

                       

            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 “ChurchofIsraelRedeemed.com” is counterfeit. On the contrary, this website was/is operated by Respondent and his affiliates and friends, as a ministry.

 

This generic “denominational” name “Church of Israel” has ALWAYS been used by the various churches located in differing cities, which chose to use that designation for their church, much like “First Baptist Church” and “Church of Christ” 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 “Church of Christ” 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 “Church of God” churches nationwide.

 

http://www.firstmethodistchurch.com/ There are literally thousands of churches called “First Methodist Church,” but only a single local church owns the domain name and operates a website at that address.

 

In addition, the following “PREMIUM DOMAIN NAMES” 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

 

Complainant’s 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>’s efforts to destroy the Church of Israel and form a new church with the Church of Israel’s 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 “updated DNS records to redirect legitimate traffic” to an incorrect website. Complainant asserts without proof that Respondent has posted website content “to further embarrass and harass,” 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 Complainant’s 14 websites below:

 

http://www.churchofisrael.info <Exhibit 9>

http://www.churchofisrael.net

http://www.churchofisrael.us

http://www.churchofisrael.biz

http://www.churchofisrael.org

http://www.dangayman.com

http://www.dangayman.org

http://www.dangayman.net

http://www.dangayman.info

http://www.dangayman.biz

http://www.watchmanoutreach.com <Exhibit 10>

http://www.watchmanoutreach.org

http://www.watchmanoutreach.net

http://www.watchmanoutreach.biz

 

Complainant desires to “kill the competition” 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 Respondent’s 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 “Church of Israel” is in fact limited to “the people of the congregation of the Church of Israel in Schell City, Missouri.” Many churches are known under the name/s “Church of Israel” and “The Church of Israel,” outside the geographical area, control and ecclesiastical authority of Complainant through it’s 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 “return these domains” 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 “stolen” 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 Israel’s 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 “Church of Israel” 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 “Church of Israel” 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 it’s 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 Respondent’s 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 NAF’s 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 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.

 

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).