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October 21, 2001
Subject: Re: "Shops At Willow Bend" sues me

I'm curious...

Throughout the entire proceedings described on the complaint site, Taubman's lawyers consistently state that the trademark they are defending is "THE SHOPS AT WILLOW BEND". How is this incorporated into "shopsatwillowbend.com"? A subset of the full mark is incorporated, but not the full mark. If they can claim ownership of all subsets of their mark, does this mean that all of the following are now owned by them?

he shops at willow bend
the shops
willow bend
the
at

To incorporate their mark, I would expect to see a name such as "shopattheshopsatwillowbend.com".

Their entire mark is incorporated here, but that is not the site they are complaining about (if it even exists).

Does their mark include the spaces, or are those extraneous and ignored?

Of course, I am not a lawyer, and I have been burned by misunderstanding legalese before. But, I would think they either own just the mark they claim or they own all subsets of it. (The ownership of all subsets of the name is obviously ludicrous, as seen by the examples "the" and "at".)

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