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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY LIMITED
PARTNERSHIP, Plaintiff,

v. WEBFEATS and HENRY MISHKOFF,
Defendants.

Civil Action No. 01-72987
Honorable Lawrence P. Zatkoff
Magistrate Judge Komives


(PROPOSED) MODIFIED ORDER
GRANTING PRELIMINARY INJUNCTION

AT A SESSION of said Court, held in
the United States Courthouse, in the
City of Detroit, State of Michigan, on

PRESENT: THE HONORABLE LAWRENCE P. ZATKOFF
CHIEF UNITED STATES DISTRICT JUDGE

On September 26, 2001, Plaintiff filed a Motion for Preliminary Injunction. Plaintiff seeks to enjoin Defendants from using and operating The Internet domain name www.shopsatwillowbend.com. Plaintiff alleges that Defendants are infringing Plaintiff's trademark, "THE SHOPS AT WILLOW BEND," which is incorporated into Plaintiff's domain name www.theshopsatwillowbend.com. Defendants responded to Plaintiff' motion on October 5, 2001.

Upon review of the respective parties' briefs, exhibits, and the relevant legal authority, the Court finds that a preliminary injunction should issue in this matter. Because Defendants are not operating their website for profit, they are less likely to be harmed by a preliminary injunction.

Accordingly, it is ORDERED:

  1. Defendants are hereby RESTRAINED and ENJOINED from using any Internet domain name which incorporates the marks "THE SHOPS AT WILLOW BEND" or "TAUBMAN" or any other domain name incorporating elements of these marks, and to remove any websites which use these domain names from the Internet. This order expressly applies to the following domain names:

    • willowbendsucks.com
    • willowbendmallsucks.com
    • theshopsatwillowbendsucks.com
    • taubmansucks.com
    • theshopsatwillowbendsucks.com

  2. This Order shall remain in effect until this matter can be heard on the merits.

LAWRENCE P. ZATKOFF
CHIEF UNITED STATES DISTRICT JUDGE

Dated:

View the Original "Proposed Order" (in a separate window)


Next: Taubman Requests a Default Judgment

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©2001 Hank Mishkoff
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