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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE TAUBMAN COMPANY LIMITED
PARTNERSHIP, a Delaware limited partnership,
Plaintiff,
v. WEBFEATS, a Texas company,
and HENRY MISHKOFF, an individual,
Defendants.
Case No. 01-72987
Hon. Lawrence P. Zatkoff
Magistrate Judge Komives
COMPLAINT
Plaintiff, The Taubman Company Limited Partnership ("Taubman"), by and through its
undersigned counsel, for its complaint against Defendants WebFeats and Henry Mishkoff, states
as follows:
Parties and Jurisdiction
Plaintiff Taubman is a Delaware Limited Partnership with its principal place of
business at 200 East Long Lake Road, Suite 300, Bloomfield Hills, Michigan 48303.
On information and belief, Defendant WebFeats is Texas company with its
principal place of business at 2661 Midway Road, #224-225, Carrollton, Texas 75006.
WebFeats is an assumed name of its sole owner, Henry Mishkoff. Defendant WebFeats has
engaged in actions in Michigan which confer personal jurisdiction over it.
On information and belief, Defendant Henry Mishkoff is the owner and operator
of Defendant WebFeats, and is in direct control of its activities. Defendant Mishkoff has
engaged in actions in Michigan which confer personal jurisdiction over him.
This action is brought for violation of unfair competition Section 32 of the
Lanham Act, 15 U.S.C. §1114 (1996), Section 43(a) of the Lanham Act Lanham Act, 15 U.S.C.
§1125(a) (1996), federal common law trademark infringement, and violation of the
"Anti-Cybersquatting Consumer Protection Act," 15 U.S.C. §1125(d) (1996).
This Court has jurisdiction under 28 U.S.C. §1331 (1996) and 15 U.S.C. §1121
(1996). Venue is proper under 28 U.S.C. §1391 (1996).
General Allegations
Taubman owns and operates a shopping mall with the distinctive name "The
Shops at Willow Bend." In connection with its shopping mall services, Taubman owns the
federal trademark registration for the mark "THE SHOPS AT WILLOW BEND," (the "Mark")
registered October 31, 2000, U.S. Trademark Registration No. 2,400,909.
Exhibit A.
Taubman has engaged in extensive marketing activities in connection, with its
shopping mall under its trademark "THE SHOPS AT WILLOW BEND" and has expended
significant resources to develop its goodwill in and consumer identification with the mark. As a
result, the mark "THE SHOPS AT WILLOW BEND" has become an extremely valuable asset of
Plaintiff.
Taubman owns and uses the domain name www.theshopsatwillowbend.com,
incorporating its distinctive mark, to promote its shopping mall and disseminate information
regarding the mall. Plaintiff also owns the related domain name www.shopwillowbend.com.
Defendants have registered and are using the domain name
www.shopsatwillowbend.com, which domain name incorporates Plaintiff's registered mark in its
entirety. At this site, Defendants promote Plaintiff's shopping mall and purport to disseminate
factual information about Plaintiff's shopping mall. In fact, this information is incorrect. Also
on this site Defendants include advertising, an indication that the website is being operated for
commercial gain. Furthermore, the advertisement featured on the side promotes goods (shirts) in
direct competition with goods sold at Plaintiff's mall, in an attempt to divert mall customers,
with the text "You Don't Have to Go to the Mall... We'll Come to You...".
Exhibit B.
Taubman has priority of use and superior trademark rights in the mark "THE
SHOPS AT WILLOW BEND."
Defendants' use of Plaintiff's mark, in its domain name and on its website
www.shopsatwillowbend.com is likely to cause confusion or mistake or deception in violation of
the federal laws for trademark infringement and unfair competition.
Since May 17, 2001, Taubman has notified Defendants that its mark is registered
in the U.S. Patent and Trademark Office, and has requested that Defendants cease and desist
from their acts of trademark infringement and cybersquatting, but Defendants have refused to
cease and desist such acts.
Defendants' unauthorized use of Plaintiff's mark is damaging the rights of
Taubman in its mark, and is done deliberately in bad faith, and with full knowledge that the
Plaintiff is being damaged thereby.
Count I - 15 U.S.C. Section 1114 Trademark Infringement
Plaintiff incorporates by reference each and every allegation in Paragraphs 1-13
above as if fully set forth herein.
Defendants' activities in operating a website for commercial gain which
extensively uses and promotes Plaintiff's registered trademark is creating a likelihood of
confusion in violation of Section 1114 of the Lanham Act. l5 U.S.C. §114.
Such infringement is causing damage to Plaintiff.
Having been notified of Plaintiff's rights in the mark, Defendants' ongoing
infringement is willful and deliberate.
The willful infringement by Defendants will continue unless enjoined by this
Court.
Count II - 15 U.S.C. Section 1125(a) Trademark Infringement/Unfair Competition
Plaintiff incorporates by reference each and every allegation in Paragraphs 1-18
above as if fully set forth herein.
Defendants' use of Plaintiff's mark constitutes a violation of 15 U.S.C. §1125(a).
The infringement by Defendants has been willful and deliberate.
Defendants' willful infringement will continue unless enjoined by this Court.
Count III - Violation of 15 U.S.C. Section 1125(d)- Anti-Cybersquatting Act
Plaintiff incorporates by reference each and every allegation in Paragraphs 1-22
above as if fully set forth herein.
Defendants' use of the domain name www.shopsatwillowbend.com is with full
knowledge of Taubman's prior rights in the mark "THE SHOPS AT WILLOW BEND" and with
a bad faith intent to divert customers for commercial gain.
Defendants' actions constitute a willful violation of the Anti-Cybersquatting Act,
entitling Plaintiff to relief under the Act.
Request for Relief
THEREFORE, Plaintiff The Taubman Company Limited Partnership respectfully
requests that this Court grant the following relief:
A preliminary and permanent injunction ordering that all use by Defendants of the
infringing domain name, and any other use of the Mark, cease, and restraining
Defendants from infringement of Plaintiff's Mark, from injuring Plaintiff's
business reputation, from unfairly competing with Plaintiff, and from engaging in
unfair and deceptive trade practices;
Transfer of the infringing domain name to Plaintiff;
Plaintiff's damages resulting from Defendants' infringement, and an award of
enhanced damages as a result of the willful nature of the infringement;
Plaintiff's costs incurred in connection herewith, including its reasonable
attorneys fees;
Such other relief as the Court deems equitable and just.
Plaintiff demands a jury trial on all issues triable by a jury.
Respectfully submitted,
Julie A. Greenberg (P-38299)
Lisa Rycus Mikalonis (P-39485)
GIFFORD, KRASS, GROH, SPRINKLE,
ANDERSON & CITKOWSKI, P.C.
280 N. Old Woodward Ave., Suite 400
Birmingham, Michigan 48009
(248)647-6000
Attorneys for Plaintiff
Date: 8/7/01
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