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:
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
This Order shall remain in effect until this matter can be heard on the merits.
LAWRENCE P. ZATKOFF
CHIEF UNITED STATES DISTRICT JUDGE
Dated: