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A. Interrogatories
Consistent with the preceding preliminary matters and definitions, answer under oath the following specific interrogatories:
State in detail, separately for each of Defendant's original website and Defendant's newer website, each fact or circumstance which You contend supports or shows that a likelihood of confusion exists between You and Mishkoff because of Mishkoff's use of the marks at issue in this action, and identify all documents and things evidencing a likelihood of confusion.
Describe in detail, separately for each of Defendant's original website and Defendant's newer website, each and every instance of actual confusion between You and Mishkoff which You contend is the result of Mishkoff's use of the marks at issue in this action, identify all persons that You contend were actually confused into believing that You were the source of origin of any service or product that actually originated with Mishkoff or that Mishkoff was the source of origin of any service or product that actually originated with You, and identify all documents and things evidencing such actual confusion.
Identify, separately for each of Defendant's original website and Defendant's newer website, all persons who You contend would have been Your customers but for Mishkoff's use of the marks at issue in this action and identify all documents and things supporting such contentions.
Describe in detail each injury, including but not limited to injury to Your business reputation, You claim to have suffered as a result of Mishkoff's use of the marks at issue in this action and for which You are seeking relief in this action, including but not limited to the date on which said injury occurred, the nature of said injury, and the dollar value of said injury, and identify all documents evidencing each such injury.
State the method by which You compute Your damages, including a computation of all categories of damages claimed by You, and identify all documents and things, including but not limited to financial statements, financial documents of any nature, tax returns, or other evidentiary material on which such computation is based or upon which You rely, including materials bearing on the nature and extent of damages incurred.
Identify all communications between You and any other person other than Your lawyers about Mishkoff, Mishkoff's websites, or Mishkoff's domain names.
Do You contend that WebFeats has any existence separate and apart from Henry Mishkoff the individual? If so, state in detail the basis for this contention, and identify all documents and things that support the contention.
Set forth all facts relating to the use by third parties of any of the marks at issue in this action to which You have objected based wholly or in part on a claim that such use is likely to cause confusion with or dilution of such marks, whether such objection was manifested by filing of an opposition, institution of cancellation proceeding or an infringement suit, or other means, including correspondence with the persons using or proposing to use such marks, and identify all documents and things evidencing the same.
When did You first learn of the existence of the domain name ShopsAtWillowBend.com and of Defendant's original website? Explain in detail why You did not discover Defendant's use of the domain name or the existence of the website until then.
Do You contend that Mishkoff's use of the marks at issue in this action is or was "in commerce"? Answer separately for each of Defendant's original website and Defendant's newer website. If so, set forth all facts relating to, and identify all documents and things supporting, Your contention that Mishkoff's use of Your marks is or was in commerce.
Do You contend that Mishkoff's use of the marks at issue in this action is or was "in connection with the sale, offering for sale, or distribution of goods and services"? Answer separately for each of Defendant's original website and Defendant's newer website. If so, set forth all facts relating to, and identify all documents and things supporting, Your contention that Mishkoff's use of Your marks is or was in connection with the sale, offering for sale, or distribution of goods and services.
Do You contend that Mishkoff's use of the marks at issue in this action is or was a "commercial use"? Answer separately for each of Defendant's original website and Defendant's newer website. If so, set forth all facts relating to, and identify all documents and things supporting, Your contention that Mishkoff's use of Your marks is or was a commercial use.
State with specificity every word, phrase, clause, sentence, or other portion of Defendant's original website that disparages You, Your marks, or The Shops at Willow Bend.
State whether You contend that Mishkoff has made any statements against interest in connection with the subject matter of this action and the facts and circumstances at issue herein. If so, state in specific detail the factual basis for this contention, including, but not limited to, the date, location, and content of any such statements, identify any witnesses to any such statements, and identify all documents and things evidencing such statements.
Identify all persons responsible for the design, maintenance, review and operation of Your websites or Your web pages, or for the collection or review of statistics concerning visits or "hits" to Your website or any of Your web pages.
Set forth all statistics or other information in Your possession, custody, or control reflecting or concerning the number, timing, and frequency of "hits" or visits by any person to any of Your websites or web pages.
Identify with specificity every word, phrase, clause, sentence, or other portion of Defendant's original website or Defendant's newer website, that is false, that contains incorrect information, or that misrepresents the truth in any way, explicitly or implicitly. For each such portion, state in detail how it departs from 100% accuracy, and identify every document and thing that supports the contention that it is not 100% accurate.
State in detail every way in which Defendant's original website did not have a professional appearance.
State in detail all actions in Michigan in which Mishkoff has engaged that confer personal jurisdiction over him in this Court. Identify all documents and things that show the existence of such actions.
State in detail each fact or circumstance which You contend shows that Defendant registered or used any of the domain names at issue in this case with a bad faith intent to profit from Your marks. Identify all documents and things that support such contention.
Do You admit that Defendant has made fair use of Your marks in his domain names and original and newer websites? Answer separately with respect to the original and newer websites. If You do not admit that Defendant has made fair use, state in detail each fact or circumstance that defeats a claim of fair use, and identify all documents and things that support Your denial of fair use.
State the full name, present occupation, present employer, residence and business addresses, date of birth, and social security number of the person(s) answering these interrogatories, and identify every person (other than counsel of record and their clerical personnel) who assisted in the preparation of the answers to these interrogatories, who provided any information or documents or things reviewed in connection with the preparation of the answers to these interrogatories, or who provided documents or things or is otherwise in possession of documents or things that are responsive to the requests for production of documents and things below.
Except as otherwise provided above, state in specific detail the factual basis supporting, identify every person who has knowledge of the facts and circumstances surrounding or supporting, and identify all documents and things supporting the claims asserted by You in Your complaint or any defenses thereto, identifying the subjects of the information for each such person.
Identify all documents and things consulted in the preparation of Your answers to these interrogatories.
If any of the documents or things requested in the request for production of documents and things set forth below have been destroyed or transferred out of Your possession, custody, or control at any time, for each such document or thing state the identity of the person(s) who destroyed or transferred the document or thing, the date the document or thing was destroyed or transferred, the reason the document or thing was destroyed or transferred, and the identity of any persons believed by You to have possession, custody, or control of the original or any copy of the document or thing.
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