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Computers Internet Domain Names Disputed Domain Names shopsatwillowbend.com, taubmansucks.com and others
Hank Mishkoff created shopsatwillowbend.com, a non-commercial site promoting a Plano, Texas mall under construction by Taubman Company. It contained a prominent disclaimer pointing users to the official site shopwillowbend.com, and got an injunction shutting it down. On 7 August 2001, Taubman Company sued to seize the site infringing its trademark, and succeeded in gaining an injunction to shut it down. In response to the lawsuit, registrant Hank Mishkoff registered and posted details of the ongoing litigation to taubmansucks.com, with alias domain names WillowBendSucks.com, WillowBendMallSucks.com, ShopsAtWillowBendSucks.com, and TheShopsAtWillowBendSucks.com. Taubman succeed in having the injunction amended to shut down the "sucks" site as well. After an appeals court struck down the injunction, the case was dismissed with prejudice on 19 February 2003.
More information
Defendant Hank Mishkoff's extensively documented chronicle of Taubman v. Mishkoff and his experiences as pro se defendant, with text and images of legal filings.
"Reversing the court below, the Sixth Circuit dissolved an injunction which enjoined defendants from using plaintiff's trademarks in conjunction with the word 'sucks' in the domain name of several 'complaint' sites, as well as in the domain name of a non-commercial 'fan' site." By Martin H. Samson, Esq. [Chilling Effects Clearinghouse] (February 20, 2003)
"Yesterday we shouted from rooftops to make a point. Today we do so by way of Internet domain names such as taubmansucks.com." [Metro Times Detroit] (February 12, 2003)
"As long as the cybergriper keeps any commercial elements off the site, and also uses a simple disclaimer, it looks like people should also avoid picking a fight with those who know how to upload a few kilobytes." [Sneaking Suspicions] (February 10, 2003)
"Who exactly, besides the lawyers, is gaining from any of this? Certainly not Taubman's client, who have to pay for what is fast looking like a lost cause on their part, and even if they do win, any financial retribution will not cover their lawyers' fees at all." [The Boston Diaries] (February 08, 2003)
Defendant Hank Mishkoff's extensively documented chronicle of Taubman v. Mishkoff and his experiences as pro se defendant, with text and images of legal filings.
"Reversing the court below, the Sixth Circuit dissolved an injunction which enjoined defendants from using plaintiff's trademarks in conjunction with the word 'sucks' in the domain name of several 'complaint' sites, as well as in the domain name of a non-commercial 'fan' site." By Martin H. Samson, Esq. [Chilling Effects Clearinghouse] (February 20, 2003)
"Yesterday we shouted from rooftops to make a point. Today we do so by way of Internet domain names such as taubmansucks.com." [Metro Times Detroit] (February 12, 2003)
"As long as the cybergriper keeps any commercial elements off the site, and also uses a simple disclaimer, it looks like people should also avoid picking a fight with those who know how to upload a few kilobytes." [Sneaking Suspicions] (February 10, 2003)
"Who exactly, besides the lawyers, is gaining from any of this? Certainly not Taubman's client, who have to pay for what is fast looking like a lost cause on their part, and even if they do win, any financial retribution will not cover their lawyers' fees at all." [The Boston Diaries] (February 08, 2003)
Last update:
July 16, 2022 at 3:45:15 UTC
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