Taubman v. Mishkoff (Letters)

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

05/17/2001

Status: 

Concluded

Location: 

Texas

Disposition: 

Lawsuit Filed

Verdict or Settlement Amount: 

N/A
After hearing that the Taubman Company Limited Partnership was building a large shopping mall near his home, Henry Mishkoff created a website and registered a domain name for it at "shopsatwillowbend.com." (Taubman's official website for the mall was located at "theshopsatwillowbend.com" and... read full description
Parties

Party Receiving Legal Threat: 

Henry Mishkoff; Webfeats

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Michigan
  • Delaware

Location of Party: 

  • Texas
Description

After hearing that the Taubman Company Limited Partnership was building a large shopping mall near his home, Henry Mishkoff created a website and registered a domain name for it at "shopsatwillowbend.com." (Taubman's official website for the mall was located at "theshopsatwillowbend.com" and "shopwillowbend.com.")

Mishkoff's website featured information about the mall, including a map and links to the individual websites of the tenant stores. The site contained a prominent disclaimer, saying that Mishkoff's site was "unofficial" and providing a link to Taubman's official site. Mishkoff characterized his site as a "fan site" with no commercial purpose, but it linked to the website associated with his web design company, Webfeats, and the website of his girlfriend's shirt company.

Taubman sent Mishkoff a series of letters claiming that Mishkoff's use of the domain name violated its trademark rights and demanding that he remove the site and transfer the domain to them. Preliminary settlement negotations fell through and Taubman filed a lawsuit in federal district court in August 2001. (For more information, please see the CMLP Database entry for the Taubman v. Webfeats lawsuit.)
Details

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Trademark
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • United States

Relevant Documents: