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

                                             )

 

COMPLAINT IN ACCORDANCE WITH

THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

 

[1.]       This Complaint is hereby submitted 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 3(b)(i).

 

[2.]       COMPLAINANT INFORMATION 

            [a.]       Name:            Church of Israel

            [b.]       Address:        Route 1 Box 218, Schell City, MO 64783

            [c.]       Telephone:   417-432-3119

            [d.]       Fax:                417-432-3302

            [e.]       E-Mail:           

 

            COMPLAINANTÕS AUTHORIZED REPRESENTATIVE 

            [a.]       Name:            Dan Mueller

            [b.]       Address:        Route 1 Box 225, Schell City, MO 64783

            [c.]       Telephone:   417-432-3676

            [d.]       Fax:                417-432-3302

            [e.]       E-Mail:           

            The ComplainantÕs preferred method for communications directed to the Complainant in the administrative proceeding: ICANN Rule 3(b)(iii).

 

Electronic-Only Material

[a.]           Method:          email        

[b.]           Address:       

[c.]            Contact:         Dan Mueller

 

Material Including Hard Copy

[a.]           Method:          Fax

[b.]           Fax:                417-432-3302

[c.]            Contact:         Bob Burney

 

The Complainant chooses to have this dispute heard before a single-member administrative panel. ICANN Rule 3(b)(iv).

 

 

[3.]       RESPONDENT INFORMATION

 

[a.]       Name:            Jerry Gentry aka JG

[b.]       Address:        Route 2 Box 198 Big Sandy, Texas 75755

[c.]       Telephone:   (903) 845-5778

[d.]       Fax:                (903) 845-5778

[e.]       E-Mail:            jerry@acgrace.com

 

 

[4.]       DISPUTED DOMAIN NAMES

 

[a.]       ICANN Rule 3(b)(vi).

 

ChurchofIsrael.com          TheChurchofIsrael.com   TheChurchofIsrael.org

ReformedChurchofIsrael.com   GaymanGate.com

 

[b.]      Registrar Information: ICANN Rule 3(b)(vii).

 

[i.]        RegistrarÕs Name:   Go Daddy Software, Inc. (GoDaddy.com)

[ii.]       Registrar Address:  14455 North Hayden Road Suite 226     Scottsdale, AZ 85260

[iii.]      Telephone Number:           (480) 505-8800

[iv.]      E-Mail Address:        abuse@godaddy.com

 

[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.

 

Respondent denies all allegations and requests strict proof of same. Respondent has confirmed by extensive search at the United States Trademark Office http://www.uspto.gov that there there are no exclusive trademark/s or service mark/s that exist in the name/s of ÒChurch of IsraelÓ, ÒThe Church of IsraelÓ or any of the other disputed names listed by Complaintant, to which Complaintant has made any claim. Respondent requests that Complaintant submit bona fide proof of ComplaintantÕs claim of ÒexclusiveÓ ownership and use of the names ÒChurch of IsraelÓ and ÒThe Church of IsraelÓ and domain names in dispute. Respondent requests bona fide proof of asserted Òpublic noticeÓ cited above. That is, Respondent requests proof that copies of private minutes of alleged church board meeting cited in <See Exhibit A> were at that time filed in a genuine Òpublic forum,Ó such as an applicable public County Court House, U. S. Trademark/Service mark Office, Newspaper with sufficiently wide circulation outside the immediate ÒchurchÓ bulletin board under control of Dan Gayman, or other medium. Such notice must qualify under rules of civil procedure to be a Òpublic notice,Ó publicized widely, as opposed to a private church board meeting with recorded minutes stored in a private church office or home.

 

In the absence of such bona fide proof of Òpublic notice,Ó under standard rules of civil procedure, filed in a competent public forum or medium, the facts will show that ComplaintantÕs alleged Òpublic notice of its formation and its name,Ó cited above, is bogus and contrived for purposes of deception. In addition, Respondent requests proof that ComplaintantÕs Òpublic noticeÓ was in fact made and posted on or about Jan 11th, 1982, and not at some later date and contrived for purposes of deceiving the panel. The facts will show that no genuine ÒPUBLIC NOTICEÓ was ever filed in any public forum or medium, and that the alleged meeting, if held at all, was private and under Dan GaymanÕs strict control and Òby invitation only.Ó Dan GaymanÕs ÒChurch of Israel Schell City, MOÓ is a front to evade income taxes on his substantial family business. All his ÒchurchÓ meetings have always been restricted in attendance to those Òby invitation only.Ó Facts prove that Complaintant has no bona fide exclusive claim to the names and/or domains in dispute because Complaintant has never had legal and exclusive ownership, control and/or use of the names ÒChurch of IsraelÓ or ÒThe Church of IsraelÓ and that this dispute is designed to harass Respondent. Facts will prove that Respondent has always registered, owned and operated all domains in dispute, as a public service, and for the benefit of himself and other associated members and churches that operate/d under the generic name/s ÒChurch of IsraelÓ and ÒThe Church of IsraelÓ in various states and foreign countries.

 

[5.]       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.

 

Respondent denies all allegations and requests strict proof of same. All domain names in dispute herein were and are registered and maintained by Respondent at differing times and for various purposes differing from what Complaintant asserts. <ChurchofIsrael.com> is the only domain that Respondent once operated in cooperation with various associated ÒChurch of IsraelÓ congregations associated with Complaintant, including loosely associated churches by the name ÒChurch of IsraelÓ located in Texas, Wisconsin, Colorado, California, Washington, North Carolina, Australia, South Africa and elsewhere, as well as Schell City, Missouri, home of Complaintant Dan GaymanÕs local congregation. Dan Gayman was/is acknowledged to be a major voice among these associated churches but had nor has no legal or governmental or ecclesiastical authority or control over any of these churches operating under the name/s ÒChurch of IsraelÓ and/or ÒThe Church of Israel,Ó or any other names in dispute, outside the one Church of Israel congregation located in Schell City, MO. The ÒChurch of IsraelÓ purported by Complaintant to have been Òestablished in 1981,Ó cited above, was established, if at all, for the benefit of only one local congregation of members and visitors Òby invitation only,Ó who were located in the immediate geographical area of Schell City, MO, and/or were visiting occasionally from elsewhere. The original <ChurchofIsrael.com> website was registered and operated and is maintained by Respondent on behalf of and for the benefit of himself and ALL the various ÒChurch of IsraelÓ congregations in the various locales, states, and countries listed above. ComplaintantÕs claim to exclusive ownership and use of the name/s ÒChurch of IsraelÓ and ÒThe Church of IsraelÓ is not established by the evidence provided and is false and harassment. Further evidence is requested. CompaintantÕs claim to exclusive ownership and use of the domain name/s <ChurchofIsrael.com>, <ChurchofIsrael.com> and other certain domain names in dispute herein are false, denied and strict proof and evidence of ComplaintantÕs claim and legal right of exclusivity to these names and domain names is hereby requested. This is also harassment.

 

[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.

 

Response: Respondent denies all allegations and requests strict proof of same. Complaintant confuses the names ÒChurch of Israel Congregation in Schell City, MissouriÓ with ÒChurch of IsraelÓ in general. These two names differ legally and substantially, in that one is local, the other pertains to many different churches going by that name in many different locales, states and foreign countries cited above. Domain registration/s records originally and continuously has/have shown Respondent to be the sole and continuous registered owner of all domains in dispute. As stated above, Respondent registered the domain name <ChurchofIsrael.com> and operated a website at that specific web address on behalf of associated ÒChurch of IsraelÓ congregations and other associated churches located in various states and around the world. Never then or later until now has Complaintant asserted any exclusive claim to this or any of the domains under dispute. On the contrary, Respondent has maintained exclusive registered ownership and undisputed control of all domains in dispute since the beginning until the present. This present complaint is designed for purposes of harassment.

           

            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.

           

 

Response: Respondent denies all allegations and requests strict proof of same. In November, 2000, Respondent agreed to transfer the domain name <ChurchofIsrael.com> to Complaintant by oral contract for consideration, which was never fulfilled. On or about November 13, 2000, there was a conflict between Dan Gayman Church of Israel, Schell City, MO and Pastor Scott Stinson also of Schell City, MO, which resulted in a church split. Later, Dan Gayman and the Church of Israel Schell City, MO filed suit against Pastor Scott Stinson. A legal battle over property ensued and was tried in Federal District Court, Vernon County, MO, on July 10-12, 2002. After much study and deliberation, on April 22, 2003, Senior Judge George Baldridge ruled in favor of Respondent Scott Stinson that Plaintiff Dan Gayman and the Church of Israel, Schell City, MO. (i.e., ÒGayman MinistriesÓ) had misrepresented the facts and were wrong. Court riling attached. See http://www.joplinglobe.com/archives/story.php?story_id=14477 for more details, as well as a previous Joplin Globe special investigative report ÒORDAINED BY HATEÓ by reporter Max McCoy at http://www.joplinglobe.com/features/hate/index.shtml, which outlines in detail the questionable history of Dan GaymanÕs ÒchurchÓ including the cover-up of his substantial family business sheltered under the guise of his ÒchurchÓ for purposes of evading taxes. See evidence of Dan GaymanÕs CULT activities at http://www.rickross.com/groups/israel.html.

 

Judge Baldridge said, 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:Ó 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."

 

There was no dispute concerning ownership of this domain from the time it was first registered by Jerry Gentry on September 5, 1999, for almost 15 months until November, 2000, when the dispute between Dan Gayman and Scott Stinson arose. As a side issue associated with the much larger Gayman/Stinson, Respondent agreed to relinquish control of the domain name <ChurchofIsrael.com> and existing website to Dan Gayman for payment of the sum of $20,000.00, to be paid in full within a 12 month period beginning November, 2000. Dan Gayman agreed to pay this sum. He failed to do so and defaulted on his oral contract. Complaintant is in breach of his oral contract.  Respondent Jerry Gentry is under no moral or legal obligation to relinquish control of <ChurchofIsrael.com> due to the breach of contract by Complaintant. ComplaintantÕs allegations herein constitute an abuse of the domain dispute process in that Complaintant desires through misrepresentation and falsification of facts to obtain these domains through theft and to harass Respondent.

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. Respondent registered the domain names cited above on behalf of himself and Pastor Scott Stinson and various church members who associated themselves together to form a new church on or about June, 2001, at which time the new Church of Israel Redeemed first met in the Community Building, Schell City, MO, with Scott Stinson as Pastor. This new church was raised up to serve those present, some of which had formerly been members of Dan GaymanÕs Church of Israel, Schell City, MO.

 

            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:

 

Response: Respondent denies all and requests strict proof of allegations. ComplaintantÕs exhibit <See Exhibit D> proves nothing regarding ownership and control of the domain <churchofisrael.com> and website then located at that web address, which was posted on behalf of himself and the majority of the various congregations of the ÒChurch of IsraelÓ located in various states and foreign countries cited above.

           

            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.

 

Response: Respondent denies all and requests strict proof of allegations. <ChurchofisraelRedeemed.com> was registered on behalf of Respondent and Pastor Scott Stinson, formerly employed by Complaintant, who had/has chosen to attempt to suppress and squelch the genuine expressions of faith and conscience of others who chose no longer to support ComplaintantÕs church. Thus, Dan GaymanÕs family business and tithe base for his ÒchurchÓ had eroded and he was Òlosing business.Ó

 

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. By the time that the <GaymanGate.com> domain name was registered in June, 2001, and a website was posted, most of the associated ÒChurches of IsraelÓ in various states and foreign countries had disassociated themselves voluntarily from Complaintant Dan Gayman and his corrupt local Church of Israel, Schell City, MO. There were many reasons for the disaffections of the various ministers and congregations elsewhere. Most affirmed that Dan Gayman had lied and covered up the truth on many occasions. The allegations against Dan Gayman and his ÒministryÓ were many, and by this time involved heinous crimes including cover up of CHILD ABUSE by Dan GaymanÕs eldest son Doug Gayman, See HARD EVIDENCE contained in over 180 pages of CHILD ABUSE REPORTS provided by the Division of Family Services, 101 Park Central Square, Springfield, MO 65806. By this time, Dan Gayman had become widely known as Òduplicitous Dan,Ó for all his lying and con artistry. He knows how he has lied and cheated and conned many innocent ÒbelieversÓ out of their money, but many began to wake up after November, 2000, as the facts became known. About half the members of Dan GaymanÕs local church disaffected, and half the supporters of Gayman Ministries from elsewhere had also withdrawn support.

 

Dan Gayman had/has lied about the causes of the CHURCH SPLIT, which took place in Nov/Dec 2000 and the months following. However, the public has had continuous access to the facts through DOCUMENTED EVIDENCE posted at gaymangate.com. Please see the attached articles published in the Joplin Globe and elsewhere for background information which explains that Dan GaymanÕs ÒchurchÓ is designed as a cover for his substantial Òfamily business,Ó to evade paying income taxes. This Missouri church has become a HATE CULT and CHILD ABUSE CULT, headed by Dan Gayman.  GaymanGate.com was and is operated for the purpose of disseminating the facts about the many lies and deceptions of Complaintant Dan Gayman, his Church of Israel Schell City, MO and his efforts to control the minds of the people in his Òchurch.Ó This church has all the markings of a CULT. Click here, then go to the June 2, 2003 archive and read under the headline 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.

 

Response: Respondent denies all and requests strict proof of allegations. There has never been an exclusive ÒThe Church of IsraelÓ or ÒChurch of IsraelÓ in any one single city or geographical locale, to the exclusion of other churches elsewhere, even in the same city, operating under by that same name. This generic ÒdenominationalÓ name has ALWAYS been used by the various churches of similar faith located in differing cities, which chose to use that designation for their church. This is done in much the same manner as ÒFirst Baptist ChurchÓ is used to denote a particular denomination in cities throughout the United States. No one ÒFirst Baptist ChurchÓ in one city has any legal right to the use of ÒFirst Baptist ChurchÓ to the exclusion of other churches elsewhere by that name. ÒChurch of IsraelÓ is no different. This name denotes no exclusive trademark or service mark ÒownedÓ by one Pastor or congregation, any more than ÒFirst Baptist ChurchÓ denotes an exclusive trademark or service mark owned by a particular Pastor or congregation. However, on the internet we find http://www.firstbaptistchurch.com, a domain name and website which happens to be registered, owned and operated by ONE specific First Baptist Church found at 450 Eastern Parkway, Brooklyn, New York 11225. Here we find that the registrant/owner of that domain name has legal exclusive right to operate a website under that church name. There is no confusion. Everyone knows there are other churches elsewhere also known as ÒFirst Baptist Church.Ó In like manner, Respondent has registered, owns and operates all domains, which Complaintant herein disputes.

 

We find many such denominational churches, where a single congregation in a single locale owns the domain name, even though there are hundreds, perhaps thousands, of churches by that same name located elsewhere, and who have no control or participation at all in the website by that name.

 

Examples #1:

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.

Example #2

http://www.churchofgod.com appears to be a clearinghouse of links to just about every Christian denomination

Example #3

http://www.firstmethodistchurch.com/ There are literally thousands of churches called ÒFirst Methodist Church,Ó but only one owns that 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:

catholic-church.com

oldcatholicchurch.com

e-catholicchurch.com

anglicancatholicchurch.com

romancatholicchurches.com

 

If Complaintant desires exclusive use of the disputed domains, then let Complaintant approach Respondent with a bona fide offer to purchase these internet properties, just like others must do when acquiring domain names already taken by someone else. ComplaintantÕs dispute is designed to intimidate and harass and deprive Respondent of his rightful ownership of disputed domains.

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. If Complaintant desires exclusive use of disputed domains, then let Complaintant approach Respondent with a bona fide offer to purchase these internet properties, just like others must do when they want to acquire domain names already taken by someone else. ComplaintantÕs dispute is designed to intimidate and harass and deprive Respondent of his rightful ownership of disputed domains.

 

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. However, Complaintant herein admits that his ÒChurch of IsraelÓ is limited to Òthe people of the congregation of the Church of Israel in Schell City, Missouri.Ó Respondent asserts that there is ample proof herein and elsewhere that there are many associated churches known under the generic name/s ÒChurch of IsraelÓ and ÒThe Church of Israel,Ó outside the geographical area, control and ecclesiastical authority of Dan Gayman and his local Church of Israel, Schell City, MO. Such churches are found in the various states and foreign countries cited above and are governed locally or by consent of the members. Further, no confusion exists in the minds of any who read the various websites. Had Dan Gayman wanted exclusive use of the names ÒChurch of IsraelÓ and ÒThe Church of Israel,Ó then he should have gone through the trademark/service mark registration process for obtaining exclusive use of those names. Had he desired exclusive use of the domain names in this dispute, he should have registered them in his own name and maintained his own control of them. If he desires the use of those domains now, he should approach the owner/registrant (Respondent) to purchase same.

 

            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>

           

Response: Respondent denies all allegations and requests strict proof of same. In November, 2000, Respondent offered to give up control of the domain <ChurchofIsrael.com>, and website then posted at that web address, to Complaintant, for the price of $20,000.00. Complaintant Dan Gayman Church of Israel, Shell City, MO, agreed to pay that price, but failed to pay within the agreed time of 12 months. In an apparent attack of ÒbuyerÕs remorse,Ó he reneged, and broke his oral contract. He failed to pay the agreed amount. Respondent has retained domain name <churchofisrael.com> and website as liquidated damages.

           

            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 >

           

Response: Respondent denies all allegations and requests strict proof of same. This domain was registered on behalf of Respondent, Pastor Scott Stinson and others, and was never a part of the local church under Dan Gayman. ComplaintantÕs claims are false and outrageous, mere harassment, and shows his bad faith regarding others who compete successfully with him, when he feels he is losing out to their competition!

           

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. Respondent operates this disputed website in the public interest, on his Pastor Scott StinsonÕs and othersÕ behalf, for the purpose of disseminating information not otherwise readily available elsewhere, concerning various doctrinal issues and items of interested to the Christian church at large.

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same.

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. Respondent became a member of a local ÒChurch of IsraelÓ in Texas in 1989, which he helped form, and has continuously welcomed members and visitors into that church for some 14 years. Complaintant Dan Gayman knows this to be a fact, since he was once invited and spoke to the Church of Israel Big Sandy, Texas, which was then and now under RespondentÕs authority and control.!

 

[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.

 

Response: Respondent denies all allegations and requests strict proof of same. As stated above, Respondent registered and operated the domain name <Churchofisrael.com> on behalf of himself, Pastor Scott Stinson and the various ÒChurches of IsraelÓ located in various states and foreign countries cited above, including but in no way limited to the Church of Israel Schell City, MO.

 

For the record, Complaintant currently operates his own many websites at the following web addresses:

 

http://www.churchofisrael.info

http://www.thechurchofisrael.net/

http://www.thechurchofisrael.biz/

http://www.churchofisrael.net/

http://www.churchofisrael.info/

http://www.churchofisrael.biz/

http://www.churchofisrael.us/

http://www.watchmanoutreach.com/

http://www.watchmanoutreach.org

http://www.dangayman.com/

http://www.dangayman.org/

http://www.dangayman.net/

http://www.dangayman.info/

http://www.dangayman.biz/

 

From the  evidence, including many domains and websites owned and operated by Complaintant, it appears that Complaintant now 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.

 

            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.

 

Response: Respondent denies all allegations and requests strict proof of same. Dan GaymanÕs ÒChurch of IsraelÓ Schell City, MO, has never been the exclusive owner, through trademark, service mark, exclusive use, or otherwise, of the names ÒThe Church of IsraelÓ or ÒChurch of Israel.Ó Complaintant operates many websites cited above. Complaintant Dan Gayman, through greed and premeditated forethought, has misrepresented many facts to the panel. He desires to harass and Òkill the competition.Ó According to the Joplin Globe, Dan Gayman has amassed a fortune in what amounts to a family business, under the guise and cover-up of the Church of Israel Schell City, MO. Judge Baldridge wrote in his judgment against Dan Gayman 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.

 

 

[6.]       REMEDY SOUGHT

 

The complainant <Church of Israel> requests that the panel issue a decision that the domain-name registrations be transferred to the complainant <Church of Israel>. 

 

Response: Complaintant has not shown evidence of ownership of name ÒChurch of Israel,Ó since this generic name has been and is currently used by many churches other than ComplaintantÕs church. ComplaintantÕs dispute is for the purpose of harassment and to deceive the panel. Respondent denies all of ComplaintantÕs charges and requests that panel rule in favor of Respondent who has registered, owned and operated all domains in dispute from their first registration through the present. Respondent prays panel will review the above cited evidence and rule in favor of Respondent.

 

ICANN Rule 3(b)(x); ICANN Policy ¦ 4(i).

 

[7.]       OTHER LEGAL PROCEEDINGS     ICANN Rule 3(b)(xi).           NONE

 

[8.]       COMPLAINT TRANSMISSION

 

The Complainant asserts that a copy of this Complaint, together with the cover sheet as prescribed by NAFÕs Supplemental Rules, has been sent or transmitted to The Respondent <Jerry Gentry aka JG> (domain-name holder), in accordance with ICANN Rule 2(b).  ICANN Rule 3(b)(xii); NAF Supp. Rule 4(c).

 

 

[9.]       MUTUAL JURISDICTION

 

The Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the location of the principal office of the concerned registrar. <GoDaddy.com> ICANN Rule 3(b)(xiii).

 

[10.]    CERTIFICATION

 

Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the disputeÕs resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the National Arbitration Forum and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.

 

Complainant certifies that the information contained in this Complaint is to the best of Complaint's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint 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,

 

 

 

___________________

[Signature]

                                                                                                                       

__________________

[Name]

 

___________________

[Date]