PRELIMINARY MATTERS AND DEFINITIONS
These interrogatories and requests to produce are continuing in nature, and to the extent that any answers hereto may be enlarged, expanded upon, modified, or corrected as a result of any change in circumstances subsequent to the filing of Plaintiff's answers hereto, Plaintiffs are requested to promptly supply Mishkoff with amended or supplemental answers as required by Rule 26 of the Federal Rules of Civil Procedure.
The terms "identity" and "identify," as used herein, with respect to any person, mean to provide the name, current residence address, current residence telephone number, current business address, current business telephone number, and the occupation or job title of that person. With respect to any other entity, those terms mean to provide the name by which said entity is commonly known, the current address of its principal place of business, and the nature of business currently conducted by that entity. With respect to a communication, those terms mean to provide the names of the persons who were a party to the communication; the date, time, and place of the communication; the manner of communication (whether oral or written); and a full description of the contents of the communication. With respect to any document, those terms mean to provide the date of the document, the identity of the author or preparer of the document, the nature of the document, and the title (if any) of the document.
The term "document," as used herein, has the full extent of its meaning as provided under Rule 34 of the Federal Rules of Civil Procedure, and means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin or location, of any book, pamphlet, periodical, letter, paper, photograph, video, audio or computer recording, memorandum (including memoranda, notes, or reports of a meeting or conversation), or any other written, typed, reported, transcribed, punched, taped, filmed, or graphic matter, however produced, reproduced, or recorded, which is in Your possession, custody, or control or which was, but is no longer, in Your possession, custody, or control.
The terms "You" and "Your," as used herein, mean Plaintiff, Taubman Company Limited Partnership, and any other or prior name under which it has done business, and its officers, agents, employees, persons holding 10% or more of its stock, or representatives (including attorneys).
The term "Mishkoff" includes both Henry Mishkoff and WebFeats, the name he uses for his Internet activities.
The terms "trademarks at issue in this action" or "marks at issue in this action" include each any every trademark or and service mark that You claim Defendant Mishkoff has infringed, diluted, or disparaged.
The terms "Your website" or "Your web page" include any website or individual web page that You own or operate, that is operated by or owned by some other person on Your behalf, or that uses one or more of the marks at issue in this case with Your permission.
The term "Defendant's original website" includes all versions of the website that Mishkoff had posted at the domain name ShopsAtWillowBend.com from the time that domain name was first used until the use of that domain name was enjoined by the Court in October, 2001.
The term "Defendant's newer website" includes all versions of the website that Mishkoff had posted at the domain names TaubmanSucks.com, WillowBendSucks.com, WillowBendMallSucks.com, ShopsAtWillowBendSucks.com, and/or TheShopsAtWillowBendSucks.com from the time those domain names were first used until the use of those domain names was enjoined by the Court in December, 2001.
For the purposes of framing Your responses to these interrogatories and requests to produce, wherever possible, the singular should be read to include the plural and vice versa.
With respect to each of the following interrogatories, in addition to supplying the information requested, please identify any and all documents that support, refer to, or evidence the subject matter of each interrogatory in Your answers thereto. If any or all of the documents identified herein are no longer in Your possession, custody, or control because of destruction, loss, or any other reason, then You are requested to identify each such document fully, including the nature of the document, its date, the identity of the person who prepared the document, and the identity of the person or entity for whom it was prepared, and to the extent possible, You are requested to summarize the contents of the document and state the manner and date of the disposition thereof.
If any of the interrogatories are not answered on the basis of privilege or otherwise, or if any of the documents or things requested are not produced on the basis of privilege or otherwise, consistent with Rule 26(b)(5) of the Federal Rules of Civil Procedure, please include in Your response to each such interrogatory or document request a written statement evidencing:
The nature and date of the communication or document,
The identity of the persons present at such communication or the identity of the author(s) and recipient(s) of the document, and
The nature of the privilege asserted and a brief description of the communication or document sufficient to allow the Court to rule on a motion to compel.
