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Act 72: Taubman Issues a Statement

On March 20, 2002, Taubman issued what I believe to be their second statement about this case.

I don't have any background on their statement – it is not, for example, posted on their website, and I can't find anything about it on the Web. It was faxed to me by a reporter, it appears to be on their letterhead, I have every reason to believe that it's legitimate. Here's the statement in its entirety.

We believe it is our right and obligation to protect our trademarks in whatever environment they appear. The Sixth Circuit's decision leaves in full force the lower court's injunction against Mr. Mishkoff's use of a website incorporating the trademark of one of our shopping centers. The ruling also acknowledges that issues raised by Mr. Mishkoff's use of an additional complaint website are new issues for the court, raising First Amendment considerations, and merit expedited attention. While these important matters are before the U.S. District Court in Michigan, we feel it is appropriate to make our arguments there.

Most of the statement is pure spin, of course, and I can't really hold that against them. (They probably say the same thing about our press releases.) I do take issue with their claim that the court left the injunction against my mall site "in full force." I suppose that, in the narrowest interpretation of that sentence, you might be able to say that their claim is accurate. What they're not telling you is that the court's decision left the first injunction in full force because... we didn't ask the court to rule on that injunction! The court's decision also left the Roe v. Wade decision, the Dred Scott decision, and the Law of Gravity "in full force" – because, just like the injunction against my "mall" site, we didn't ask the court to consider any of those rulings, either!

Next: Amending the Complaint

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