FC: Embattled Texas mall critic returns with plaintiff's-lawyers-suck website

[Declan McCullagh <declan () well com>]

Previous messages:

"Texas mall tries to close critical website with similar name"
http://www.politechbot.com/p-02796.html

"Update on Texas mall assailing critical website with similar name"
http://www.politechbot.com/p-02904.html

---

Date: Mon, 17 Dec 2001 22:18:48 +0000 (GMT)
From: Kieran Barry <kieran () esperi demon co uk>
To: declan () well com
cc: TaubmanSucks () WebFeats com
Subject: Re: TaubmanSucks update 12/17/01

Hi Declan,

More on Hank Mishkoff, the webmaster in a domain name/ trademark dispute
who was defending himself, in part, through a "sucks.com" website.  The
site contained a blow-by-blow description of the dispute and copies of the
legal papers.

The judge (from the Sixth Circuit) in the case has issue an injunction
ordering the removal of "the website".  Because of earlier use of this
wording, Mishkoff has interpreted this as requiring the _content of the
site_ to be removed from the net.

Digging through the legal papers, this is judge's wording:

--quote--
1. Defendants are hereby RESTRAINED and ENJOINED from using websites on
the Internet with the following domain names:

    * www.taubmansucks.com
    * www.willowbendsucks.com
    * www.willowbendmallsucks.com
    * www.shopsatwillowbendsucks.com
    * www.theshopsatwillowbendsucks.com

FURTHER, Defendants are ORDERED to remove the websites with the domain
names:

    * www.taubmansucks.com
    * www.willowbendsucks.com
    * www.willowbendmallsucks.com
    * www.shopsatwillowbendsucks.com
    * www.theshopsatwillowbendsucks.com

from the Internet.
--endquote

The judge also claims that Michigan is the correct jurisdiction for a
trademark dispute about a Texas mall.  IANAL, but this seems to be quite
significant.

Regards

Kieran

On Mon, 17 Dec 2001, Hank Mishkoff wrote:

> Date: Mon, 17 Dec 2001 15:16:16 -0600
> From: Hank Mishkoff <Hank () WebFeats com>
> To: TaubmanSucks () WebFeats com
> Subject: TaubmanSucks update 12/17/01
>
> [Note: You're probably receiving this update because you expressed
> an interest in my TaubmanSucks.com website. If you do not wish to
> receive these updates, just let me know, and I'll remove you from
> the list.]
>
> It's back!
>
> Well, sort of.
>
> A little more than a week ago, the judge ordered me to remove my
> TaubmanSucks.com site from the Web. I was on my way out of town for
> a vacation when I received the injunction, so I was unable to post
> anything on the Web at that time to replace the site I was ordered
> to remove. But now that I'm back, I've created a new site to pick up
> the saga where it left off:
>
>    http://www.GiffordKrassGrohSprinkleSucks.com/
>
> I chose the new domain name in honor of Gifford, Krass, Groh,
> Sprinkle, Anderson & Citkowski, the law firm that's been harassing
> me on behalf of their client, The Taubman Company. (If the name
> "Taubman" sounds familiar, it may be because their founder and
> chairman, Alfred Taubman, was convicted of price-fixing last week. I
> should have described him as Taubman's "former" chairman, because he
> resigned shortly after he was convicted.)
>
> Anyway, please take a look at the new site. I'm interested in your
> reactions, so please do let me know what you think.
>
> Thanks for your interest -- and, as always, thanks for your support!
>    Hank Mishkoff
>    Hank () WebFeats com
> 




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