Response to Statements and Allegations Made in Complaint
March 21, 2005
“And there was seen in His temple the ark of His Testament" - that is to say, the Book of His Testament will appear in His Jerusalem, the Epistle of the Covenant will be established, and the meaning of the Testament and of the Covenant will become evident. The renown of God will overspread the East and West, and the proclamation of the Cause of God will fill the world. The violators of the Covenant will be degraded and dispersed, and the faithful cherished and glorified, for they cling to the Book of the Testament and are firm and steadfast in the Covenant.” ('Abdu'l-Baha, Some Answered Questions, p. 60)
1. The Respondent (herein “IBC/UHJ”) hereby responds to the statements and allegations in the Complaint and respectfully requests the Administrative Panel to deny the remedies requested by the Complainant.
A. Complainant's argument has no merit.
2. This entire issue is religious in nature and not commercial in any way. The site <www.uhj.net> has been used in good faith by the real and actual Universal House of Justice of Baha'u'llah with the living descendant of King David as its president; and by the worldwide community of people who are the true and actual Baha'is. Furthermore it shall be found by an unbiased examination of the facts and explicit provisions of the legal CHARTER of the Baha'i faith that upon investigation the Complainant is in reality only harassing the true Baha'i people, who the Complainant has attempted to marginalize as a minority group; and, after an examination of the facts, it will be glaringly clear that the Complainant is guilty of attempting to “reverse domain name hijack” <www.uhj.net> from the true Baha'is and the true Universal House of Justice of Baha'u'llah in bad faith.
B. Legal Foundation:
1. The Respondent is the true and legitimate head of the Baha'i Faith according to the Legal Charter.
3. The Baha'i faith is the only religion in the world founded upon a legal document.
4. That legal document is entitled the “Will and Testament of 'Abdu'l-Baha” (effective November 28, 1921) which is the addendum to the Kitab-i-Ahd (“The Book of the Covenant” of Baha'u'llah). These two documents form one single document, which defines the true unbroken line of legal successorship in the Baha'i faith (Annex A).
5. The Will and Testament of 'Abdu'l-Baha (h/a “The Will”) is the CHARTER (Annex B) for the Baha'i faith, that is, the legal CHARTER for the formation of the Supreme Baha'i Institutions explicitly delineating the true line of legal successors and legal heirs to all Baha'i property which would also include all trademarks (such as “Baha'i” and “Universal House of Justice”, “UHJ”, etc,…) as well as all other intellectual and material Baha'i property (Annex C).
2. The term “Universal House of Justice” is a very specific term defined in the Charter for the IBC/UHJ.
6. The term “Universal House of Justice” (h/a “UHJ”) is a very specific and legal term used and defined in the Charter of The Will on pages 14 and 15 (Annex A 25).
7. By definition this Universal House of Justice is identified, defined and recognized by the person of its president, the living Davidic King, referred to as the “sacred head” and irremovable “member for life of that body” (Annex A 25; Annex D 4).
8. On page 12 of the CHARTER, the president of the UHJ is restricted to the living descendant of King David through Baha'u'llah and 'Abdu'l-Baha in the male line, entitled “Aghsan” which literally means “branch” (Annexes A 18; D 3).
3. The Covenant of Baha'u'llah defines the true successor to inherit the property of the Baha'i Faith, which includes intellectual property.
9. In the Kitab-i-Ahd, Baha'u'llah restricted the line of inheritance of all property rights, (including the throne of David) to 'Abdu'l-Baha (“the Most Great Branch”) and his half bother Muhammad-Ali (“the great Branch”): the other “Branches” (Aghsan) “God hath NOT decreed unto them any right to the peoples property.” (Annex A 74-77)
10. In the Covenant of Baha'u'llah, Baha'u'llah appointed 'Abdu'l-Baha to be the Center of the Covenant, violation of the Covenant being defined as opposition to 'Abdu'l-Baha (Annex A 74; 91), the Most Mighty Branch (AGHSAN).
11. Muhammad-Ali's appointment was made conditional on his not breaking the Covenant: “Should he for a moment pass out from under the shadow of the Cause, he surely shall be brought to naught” (Annex A 5). As he violated the Covenant, he and his line were disqualified from the inheritance as “hatam” (no longer aghsan) forever (Annexes A 11; D 3).
12. Only the line of aghsan of Baha'u'llah through 'Abdu'l-Baha could succeed.
13. 'Abdu'l-Baha made a strong Covenant appointing his grandson through his daughter, Shoghi Effendi, to succeed him in the place of Muhammad-Ali, as the infallible—“unique”—successor in the faith (Annex A 2); at the same time also appointing his adopted son, Mason Remey, Aghsan, to inherit the throne of David (Annex D 3, 11, Supp.).
14. As Shoghi Effendi was 'Abdu'l-Baha's grandson through his daughter he could not inherit the throne of David, as this is a male-line inheritance only.
15. Upon the passing of 'Abdu'l-Baha, Shoghi delivered the throne of David to Mason Remey, Aghsan, as his inheritance from his father 'Abdu'l-Baha, along with the “token of inheritance” of the packet of hair and blood of Baha'u'llah, the hair representing the headship of the Universal House of Justice, and the blood representing the bloodline of King David that Mason had inherited from 'Abdu'l-Baha along with the rights to the throne of David. An adopted son has all the rights and privileges of a natural son, including the kingship. On this packet Shoghi addressed it to 'Abdu'l-Baha's “dear son” (Aghsan). Those who oppose Shoghi Effendi, therefore, on this point, are guilty of Covenant-breaking, and are removed from the Faith and are not “the believers” (Annex D Supp.; Annex E).
4. Covenant-breaking Defined.
16. During the ministry of Shoghi Effendi, according to the Charter (Annex A 16-17; 55), Covenant-breaking was defined as going against Shoghi Effendi.
17. At the time of the passing of Shoghi Effendi (November 4, 1957) all the natural aghsan were either dead or removed from the faith by Shoghi Effendi himself during his lifetime as Covenant-breakers except for 'Abdu'l-Baha's only son, Mason Remey, Aghsan. Mason was therefore in 1957, the last remaining aghsan in the world the rest being either dead or removed as “hatam” (Annex D 5-6).
5. “Universal House of Justice” first established by Respondent in 1951.
18. On January 9, 1951, Shoghi Effendi himself established the Universal House of Justice in its appointed stage as the first International Baha'i Council with 'Abdu'l-Baha's only son, Mason, as its president whom he welcomed as president on March 2, 1951 (Annex F). This formation of the IBC/UHJ and its published Constitution (Jan. 9, 1951) with Mason Remey as its president was recognized and acknowledged by the government of the State of Israel (Annex G).
19. Our first use of “Universal House of Justice” on January 9th, 1951 therefore, predates that of Complainant by over 12 years. And our use in preparation for its establishment defining its Jan. 9, 1951 Constitution as being only that with the Davidic King (aghsan) as its president, “member for life” as first delineated in the CHARTER (November 28, 1921) predates that of Complainant by over 42 years.
20. Upon the passing of Shoghi Effendi, according to the Charter (Annex A 17, 25, 36, 55), Covenant-breaking was now defined as going against his successor, his non-biological son, the Universal House of Justice with 'Abdu'l-Baha's son as its president, and irremovable member for life. Separation from 'Abdu'l-Baha's son, was therefore separation from the true UHJ and separation from the Baha'i faith (Annex A 17).
21. After signing several legal documents (Annex D 5-8) with the son of 'Abdu'l-Baha and promising not to deviate from the explicit four stage Constitution of Shoghi Effendi, for the evolution of the UHJ in all its stages, the other members of the UHJ as well as those known as “hands” broke the Covenant they had signed with the son of 'Abdu'l-Baha and attacked the UHJ seeking to dismantle it, by-pass its four stage Constitution, and replace it with something of their own creation, not authorized in the Charter of the Will.
6. Moved to the USA
22. 'Abdu'l-Baha's aghsan-son, Mason, was then forced, in April 1960, by their hijacking scheme, to exercise and assert his legal rights and authority as the president and living Executive of the UHJ in order to protect it from those who sought to dismantle the UHJ and hijack the faith and Baha'i properties for themselves (Annex H).
23. After following due process of appealing to these people numerous times, 'Abdu'l-Baha's son was finally forced to expel those “hands” and other now former members of the UHJ in his First Encyclical Letter, and then all those who followed them in his Third Encyclical Letter from the Baha'i Religious Faith (Annex I 17-20; 71-79). The right to “expel”, defined in the CHARTER on page 14 (Annex A 25), is the right and discretion of the president as the executive of the UHJ only, and no other member or members.
24. As authorized in the CHARTER, page 20 (Annex A 37) the UHJ then moved to the United States of America to the place that Mason's father, 'Abdu'l-Baha, had indicated to him in the Rocky Mountains, after his visit to the US in 1912 where it has been located ever since 1960. Mason was succeeded by his only son Pepe, whom he adopted as the grandson of 'Abdu'l-Baha, whom he made the legal heir to everything “tangible and intangible” (Annex J); and who is today succeeded by his only son, Neal Chase ben Joseph Aghsan, whom Pepe adopted in the same manner as 'Abdu'l-Baha adopted his only son Mason (Annex D 10).
25. Thus only the second International Baha'i Council/Universal House of Justice (IBC/UHJ) with Neal Chase, Aghsan, the great-grandson of 'Abdu'l-Baha as president, has the inherited right and prerogative according to the Charter of The Will to use the term “Universal House of Justice” and “Baha'i”, as he and his fellow Council members that “cling to the Book of the Testament, and are firm and steadfast in the Covenant” (Annex D 13) are the true Baha'is, “the believers” in the line of David—aghsan—continuing forever. They form the true Universal House of Justice of Baha'u'llah, head and body both.
26. Those who separated themselves from 'Abdu'l-Baha's son and therefore separated (Annex A 25) from the true UHJ (est. Jan. 9, 1951) therefore were no longer “believers” (Annex A 25) in the CHARTER of the Will and Testament of 'Abdu'l-Baha. (Annex K)
7. Membership and rights to “Universal House of Justice” according to the Charter is restricted to the “believers” of which the Complainant is not.
27. Membership of the UHJ in any of its stages is restricted to that of the “believers” (Annex A 25). Therefore, when they separated from 'Abdu'l-Baha's son, grandson and/or great-grandson, they were removed and replaced by those who were the believers in every single provision of the Will and Testament of 'Abdu'l-Baha, that remained with 'Abdu'l-Baha's son, Mason, Aghsan, etc., and still are the believers to this day, that accept his son, Pepe, and his grandson, Neal, the great-grandson of 'Abdul-Baha, aghsan, that forms the rest of the members of the body of the UHJ today (Annex D 9-13).
C. Complainant's "rights" in 'THE UNIVERSAL HOUSE OF JUSTICE' mark are in bad faith; intended to hijack the rights of the actual Universal House of Justice, the Respondent, established by Shoghi Effendi on January 9, 1951.
28. Complainant deliberately registered and bought the trademark in October of 1964 (Compliant 18) in bad faith, after being expelled from the Baha'i Religious Faith in 1960, nine years after the establishment of the true IBC/UHJ on January 9, 1951.
29. Complainant registered this mark as a "scheme" to attempt to put themselves forth as the "UHJ" fraudulently as they were not the true and legal UHJ under the provisions of the CHARTER as they have no living aghsan executive. As they are NOT under the CHARTER, the only way they could use the name UHJ was by registering it as a trademark in bad faith. As they are NOT under the CHARTER, they are not entitled to this or any other Baha'i trademarks or Baha'i property, intellectual or otherwise.
30. They used the mark in a clear attempt to hijack the name "Universal House of Justice" from the true UHJ. As the true UHJ, the one with Mason Remey, Aghsan, and his descendants as presidents, the Respondent has full rights to use and operate in non-commercial religious capacity as the Universal House of Justice, the name it had been known as ever since January 9, 1951, and as given in the Proclamation of Mason Remey in April of 1960 (Annex H 17).
D. The IBC/UHJ, the Respondent, has used the domain name in good faith to promote itself as the true and actual Universal House of Justice according to the CHARTER.
31. The webpage <www.uhj.net> is intended to distinguish the true IBC/UHJ from any association or affiliation with the Complainant and/or its false administration in Israel, that hijacked the name UHJ in 1964. The webpage contains an explicit reference to the CHARTER on page 15, which states that the true UHJ is recognized by the living descendant of King David as its president (Annex L).
32. Furthermore, this domain is listed on other webpages as the true UHJ distinguishing itself from that of the Covenant-breaking false "UHJ" in Israel (Annex M). In fact, the Complainant filed in bad faith when it reported there are no sects or denominations of the Baha'i Faith. In fact, outside of the Covenant of the true UHJ with the Davidic Kingship as its president, the Respondent, there are 6 main Covenant-breaking sects or denominations (Annex N). The largest of these is the Complainant that seeks to suppress all other views. In order to do this, they resort to tactics such as reverse domain name hijacking. According to the CHARTER (Annex A 38), Covenant-breaking (h/a Cb) sects or denominations are not to be suppressed or “reverse domain name hijacked”, but are to be left alone, avoided, shunned and ignored. In other words their rights to freedom of religion respected. This has been the Respondent's policy toward Complainant all along since Complainant's expulsion from the Faith by the son of 'Abdu'l-Baha in 1960 (Annex I). Therefore, we did not respond to their original threatening letters of harassment but obeyed the CHARTER (Annex A 38) and ignored them.
E. The Respondent's rights and legitimate interests in the domain name are preserved in the CHARTER.
33. The Baha'i Faith is based upon a legal document, the Charter, of the Will and Testament of 'Abdu'l-Baha which is the final settlement of all disputes (Annex C). On page 14 and 15 (Annex A 25) the UHJ is defined as that body which has the descendant of King David, aghsan—as its “sacred head and member for life”, “the executive.”
34. The Baha'is who remain loyal and steadfast to all the provisions of the Covenant have a worldwide membership approaching 144,000 believers. We have National and Continental centers located all throughout the world in North and South America; Africa; the Middle East, Europe, Asia, Australia, India, Iran, England & France, Russia and the United States, as well as over 30 state and local centers throughout the United States alone (Annex D 10). The main purpose of our website for this domain name, is so that our believers, friends, well-wishers and true followers of Baha'u'llah, people of all faiths, should have immediate instant access to the Supreme Institution of our faith the UHJ with its inseparable executive officer, the person of the living Davidic King, entitled guardian on page 14 of The Will. (Annex O)
35. We are not interested in the "followers" or "supporters" of the other 6 Cb-denominations, which includes the Complainant. According to the CHARTER (Annex A 38) they are to be shunned and avoided entirely. Our interest is purely religious in nature and non-commercial—“the waters of life free of price”—so that our followers, the true Baha'is who have remained firm in the Covenant and adhere to every single provision of the Charter, should have immediate direct access to the true UHJ named and delineated in The sacred Will.
36. The shrine of the Bab with its golden dome was designed by Mason Remey, son of 'Abdu'l-Baha, world renowned architect: a sacred religious symbol universal to all Baha'is for the perseverance of our religious faith under trial and tribulation. The photo on the url, like the cross common to all Christians, a reminder to all true believers that the same way the Bab was martyred, even as Jesus was crucified, so its architect Mason Remey was "crucified" and "martyred" by the vicious slander of these violators (the Complainant) who hijacked the international properties from the true believers, even as Muhammad-Ali, arch-violator in the days of 'Abdu'l-Baha, passing himself off as loyal “Baha'i” hijacked the shrines and original writings away from 'Abdu'l-Baha as well. (Annex C)
F. Before the Respondent received any notice of the dispute, there is significant, documented and published evidence of the Respondent's use of and demonstrable preparations to use, the domain name or a name corresponding to the domain name <www.uhj.net> in connection with a bona fide offering of goods or services.
37. Even though the Respondent has acquired no trademark or service mark rights, the Respondent, as a not-for-profit religious organization, (IBC/UHJ) in legal succession to Baha'u'llah, 'Abdu'l-Baha and Shoghi Effendi has had both preparations to use and continual use of the name “Universal House of Justice” (and thereby its acronym “UHJ”) corresponding to the domain name for over 140 years; announced preparation to use the name in the Charter (November 28, 1921) and has been commonly known by the domain name in issue, since the Respondent's Formation and public January 9th 1951 Constitution.
38. In the Charter (November 28, 1921), in the Constitution (January 9th, 1951) and in the Proclamation of Mason Remey, Aghsan, son of 'Abdu'l-Baha (April, 1960), all documents commonly use the name “International Baha'i Council” and “Universal House of Justice” interchangeably. From January 9th forward, the Respondent (IBC/UHJ) has been commonly known by both names “International Baha'i Council/Universal House of Justice”. As authorized by the Charter (Annex A 17, 25) in the Proclamation of Mason Remey (April 1960) preparations for the continued use of the name “International Baha'i Council” and “Universal House of Justice” are again explicitly restated at that time, long before Complainant filed this harassment suit: “The Beloved Guardian chose me to be the President of the Baha'i International Council that is according to his explanation the president of the Embrionic Universal House of Justice…I will then be the President of the First Universal House of Justice.” (Annex H 17)
39. The use of this name “Universal House of Justice” along with “Baha'i” and “International Baha'i Council” and the acronym “UHJ”, “IBC” and “IBC/UHJ” is all the legitimate religious non-commercial interest of the Respondent in good faith as per the Franchise to Teach (Annex A 14) and mandate given to the Respondent in the CHARTER (Annex 17, 25).
40. Since the time of Baha'u'llah in 1863, the Respondent has had the intent, preparations and plans to use the name “Universal House of Justice” in conjunction with the living aghsan-son and descendant of Baha'u'llah and 'Abdu'l-Baha as its president and irremovable “member for life of that body”. Our rights to this for non-commercial benefit have never deviated since the Kitab-i-Ahd/Aqdas (1872) and the Will and Testament of 'Abdu'l-Baha (1921) were written and went into effect as legal binding upon all loyal Baha'is throughout all the world.
41. Respondent is the true and legal Universal House of Justice (acronym “UHJ”) according to the Charter and Constitution. The citations (Complainant 20) re: Successful and VeriSign (concerning acronyms bearing similarities to trademarks) therefore are irrelevant and do not apply in this case, as: 1) Complainant's rights to ownership and first use of this mark are clearly disputable and illegitimate according to the Charter that grants the Respondent (IBC/UHJ) right to use this name; and 2) Respondent's followers who seek information contained at <www.uhj.net> understand UHJ to be an accurate acronym representing the true head of their faith (Annex O), which is the true Universal House of Justice of Baha'u'llah, all of which 3) necessitates that Respondents rights to continued use be upheld under freedom of religion protections.
42. The Respondent is making legitimate non-commercial, fair use of the domain name, without any intent for commercial gain of any type, nor any attempt to misleadingly divert consumers or to tarnish the trademark at issue. We have not attacked them any time! It is forbidden in the CHARTER (Annex A 23): "Every aggressor deprives himself of God's grace."
G. The domain name <www.uhj.net> is being used in good faith and has been registered in good faith.
43. We do not believe in the "end of the world" or the "end of humanity". This is a slur used against us by Complainant.
44. As true Baha'is we believe in the Kingdom: world order through world crisis, as prophesied in all the books and annals of God. Statements such as "Armageddon" and "Day of Doom" are not innovations used by the Respondent, but by 'Abdu'l-Baha (Annex P). The Complainant is acting in bad faith and has no right to attach these slurs and "buzzwords" against us, when the explanations of these prophecies and warnings come from the explicit texts of Baha'u'llah, 'Abdu'l-Baha and Shoghi Effendi themselves, which warn us, in Books such as the Promised Day has Come and the Advent of Divine Justice (Annex P) that if there be no rule of law, when Covenants are broken catastrophes result.
45. The slurs and “buzzwords” of Complainant are not germane to the issue, they are stunts and antics designed to swerve people from the truth, and are in reality thinly veiled dehumanizing remarks and hate crimes against the true Baha'is and their Jewish leadership descended from King David (Jew) from the Jewish AGHSAN family of Baha'u'llah and 'Abdu'l-Baha.
H. The respondent is not affiliated in anyway with the complainant and has no desire to fool or confuse Complainant's "followers".
46. The Respondent's primary purpose in registering the domain name is to interface with its own friends, well-wishers and supporters (Annex O) and resultantly, proclaims its non-affiliation (Annexes M; N) with the 6 Cb-sects (Complainant inclusive) whom it is not in competition with. Thus on the main webpage (Annex L) it states that it is recognized by the descendant of David as its president to distinguish itself from fakes, frauds and imitations, as stated on page 15 of the Charter, so as not to disrupt the Complainants or anyone's business and avoid any and all confusion with the other 6 Cb-denominations which includes Complainant and its affiliates, all of which was expelled from the Baha'i Faith in 1960 by 'Abdu'l-Baha's son and ratified by the IBC/UHJ (Annex D 9). As the 6 Cb-denominations (Complainant inclusive) claim no descendant of King David as president, the Respondent is completely distinct and unaffiliated with the Complainant, in any way. They have no executive; they (The Complainant) are the Covenant-breakers according to page 15 of the Charter (Annex A 25).
47. The primary purpose for registering the domain name is not to disrupt the business of Complainant or any of the Cb-denominations, but is that the Respondent has its own worldwide community of Baha'i believers and is the true and genuine administrative head of its own worldwide community, who recognizes it as the true and legitimate Universal House of Justice of Baha'u'llah (Annex O). We are clear to state we are not the Complainant, and have no affiliation with them or any of the six.
48. Regarding religious conversion from one religion to another, this is the whole point of freedom of religion. The Respondent respects rights of Complainant “expanding the number of members” (Complaint 12) as it does the rights and freedoms of Jews, Christians, Muslims, and all other peoples of Faith to increase theirs', as it is written: "Be fruitful and multiply". Faith is matter of conscience and should not be dictated to the people by the state. This is why we have first amendment freedoms in the United States.
49. The Bab (martyred 1850) and 10,000 Babis were martyred in a little over a year in Persia (Iran) in 1844-5. And there have been over 20,000 Baha'is martyred over a much longer period of time (1863-1921). 'Abdu'l-Baha came to America in 1912 and established the Faith in that county, indicating to his son Mason, an American, that he adopted, that the faith and world center would be established in the US and receive those protections, guarantees and freedoms.
50. Complainant seeks to deprive the Respondent of these "inalienable rights" of which we have been "endowed by our Creator" and Complainant seeks to suppress the Respondent's rights as the true Baha'is loyal to every single provision of the Charter and seeks to silence the Respondent as the true Universal House of Justice delineated on page 14 of the Charter, to teach, promulgate and promote itself as such.
I. “Baha'i” General Use.
51. Terms such as "Baha'i" which the Respondent rightfully owns, that were usurped by the Complainant when they subsequently changed their Articles of Incorporation after 1960 and their Declaration Cards out from under the provisions of the Will and Testament of 'Abdu'l-Baha (Annex K), have been ruled for “general use” in the courts of New York (Annex Q).
52. Use of "Universal House of Justice" on the other hand is a specific legal definition in The Will, a legal definition which Complainant simply has no rights to. Nevertheless, the Respondent has not sought to impede Complainant's use—or anyone's use for that matter—of either "Baha'i" or "Universal House of Justice" or "guardian" believing strongly and firmly in the freedom of conscience and freedom of religion of the people in this matter.
53. If we were to assert the right to "increase our own members" how could we deprive others of that right without being hypocrites? The Golden rule: "Do unto others as ye would them do unto you". Thus the Complainant has filed this against us as harassment in bad faith, in an unfortunate attempt of reverse domain name hijacking to suppress the Respondent's rights as the true and legal Universal House of Justice of Baha'u'llah according to page 14 and 15 of the CHARTER, to proclaim and assert itself publicly and righteously as such, as well as deprive its own followers, friends, supporters and believers as well as the public, from even knowing of its own actual existence, as the Complainant has lied to the people telling them that the line of King David, the aghsan presidents of this true Universal House of Justice of Baha'u'llah has come to end.
54. Thou hast said, “I have made a Covenant with my chosen one, I have sworn to David my servant: 'I will establish your descendants forever [Aghsan], and build your throne for all generations.'” (Psalms 89:3, 4 RSV); “The Ancient Beauty ruleth upon the throne of David. Thus hath my pen spoken that which the histories of bygone ages have related” (Proclamation Baha'u'llah, p. 89: Annex D)
J. Respondent has no intention of selling domain name.
55. The Respondent has no intention of ever selling the domain name to the Complainant. Citing WWF (No.D99-0001: Compliant 36) does not apply, because: 1) the Respondent, as the true UHJ of Baha'u'llah according the CHARTER, does have a legitimate interest in the domain name in question; and 2) has zero motivation to sell the domain to Covenant-breakers for profit. The previous arguments demonstrate clearly this is not our intention, rather service to our worldwide community as our main information portal (Annex O).
56. The domain name was not registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to Complainant, as they are the Covenant–breakers that have no Executive branch (W&T, p. 15) as the alleged “owner” of the trademark, or to a competitor of Complainant, for valuable consideration in excess of the Respondent's out-of-pocket costs directly related to the domain name.
57. The domain name was not registered in order to prevent Complainant from reflecting the mark in a corresponding domain name and, in connection therewith, the Respondent has not engaged in a pattern of such conduct.
K. Complainant is attempting “Reverse domain name hijacking.”
58. Complainant is attempting to mislead the panel by painting the false picture that Respondent is not affiliated with the Baha'i Faith and the Universal House of Justice in any way. According to the Constitution of the United States, Respondent has every right to embrace the Baha'i Faith and uphold its various Institutions the way it sees fit.
59. The Respondent hereby respectfully requests the Panel, that: A) in light of the good faith, non-commercial, and purely religious nature and use of this domain name <www.uhj.net>; and B) in legitimate interest for the primary purposes of exercising our Freedom of Religion; and C) our first use rights to the trademark at issue; as well as, other substantial evidence herein given as to the bad faith intent and harassment by Complainant to attempt to suppress these rights and freedoms; and by the explicit criteria of the CHARTER on page 14 and 15 of the Will and Testament of 'Abdu'l-Baha, that the true UHJ of Baha'u'llah must have the descendant of King David as its aghsan president:—to make a finding of reverse domain name hijacking on the part of Complainant, as well as to deny their request to have our domain name taken from us, the true and only Universal House of Justice of Baha'u'llah according to the provisions of the Covenant on page 15 of the sacred Will and Testament of 'Abdu'l-Baha.
Dated: March 21, 2005:
Second International Baha'i Council/Universal House of Justice, Respondent
By: //Neal Chase//
Neal Chase, President
248 A North Higgins #126
Missoula, Montana 59802
SCHEDULE OF ANNEXES
|A||Full text of the Charter of the Will and Testament of 'Abdu'l-Baha and the Kitab-i-Ahd and Tablet of the Branch.|
|B||Photocopy from page 144 of the World Order of Baha'u'llah sourcing indisputable fact that the Will and Testament is the CHARTER, and therefore Final Document for the settlement of all disputes.|
|C||Source Material on the History and Use of the Will and Testament of 'Abdu'l-Baha as the Charter and Final Document for the settlement of all Disputes.|
|D||Statement of Neal Chase, ben Joseph Aghsan, living president of the IBC/UHJ|
|E||Copy of photo of the token of inheritance of the hair and blood showing the handwriting of Shoghi Effendi to mason Remey, 'Abdu'l-Baha's “Dear Son” [Aghsan].|
|F||January 9th, 1951 Constitution of the Universal House of Justice showing Mason Remey, Aghsan, as its first president appointed by Shoghi Effendi.|
|G||Copies of Israeli Sate Yearbook (1951-52) (1957-58) acknowledging the IBC/UHJ with Mason, Aghsan as its first president.|
|H||Full Text of the Proclamation of Mason Remey|
|I||Full Text of the Three Encyclical Letters documenting expulsion of Complainant from the Baha'i Religious Faith|
|J||The Last Will and Testament of Mason Remey: Transcript and copy of Original passing the right of inheritance for all Baha'i property to his adopted son and legal heir Joseph Pepe Remey, Aghsan, second president of the UHJ.|
|K||Articles of Incorporation of the original NSA of the United States and altered Articles (post 1960 taking themselves out from under the CHARTER) showing Complainant is NOT the same original and genuine organization originally known as the NSA of the United States. Also changed Declaration Cards showing that Complainants members are not under the CHARTER either.|
|L||Webpage from UHJ.NET showing no intent to confuse or mislead anyone with Complainant by the deliberate and explicit reference to page 15 of the CHARTER that the way to recognize the true UHJ of Baha'u'llah, from fakes, frauds and imitations, is the one with the descendant of David (aghsan) as its president.|
|M||Documentation from other websites showing public knowledge that Respondent (uhj.net) is in NO way confused or mistook for Complainant.|
|N||Documentation in the public domain of the 7 Baha'i Denominations, one under the provisions of the Covenant 6 in violation of the CHARTER each in its own unique form of violation.|
|O||E-mails (redacted for privacy) documenting correspondence of respondents friends and followers, ete., who know respondent as UHJ (est. Jan. 9, 1951) as well as documenting primary purpose use of uhj.net as information portal in good faith and real interest for the practice and exercise of freedom of religion in all its aspects and regards.|
|P||Documentation that respondent does not misrepresent the Baha'i faith at all, of genuine and authentic writings of Baha'u'llah, 'Abdu'l-Baha and Shoghi Effendi, as still published by Complainant, showing the true meaning and nature of catastrophe and crisis in world transformation.|
|Q||“Baha'i” Trademark case (27 N.Y.S.2D 525) Ruling of Supreme Court of New York concerning “Baha'i” as used for general use March 31, 1941.|
|R||GoDaddy.com Whois record for uhj.net domain name|