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Act 5: Again, I Ask Taubman for Details

On July 17, 2001, I sent Ms. Greenberg another letter, urging her once again to let me know exactly what I was being accused of. Here's the text of my letter.

Dear Ms. Greenberg:

This is in response to your letter of July 5.

First of all, I'm sorry about the delay in my response. My mailing address has changed (as you see from my letterhead), and I'm afraid that the USPS took a while to forward your letter to my new address.

Your primary objection to my website seems to be that it "is likely to create the impression that it is sponsored by, affiliated with, or somehow related to the mall." Accordingly, I have revised my home page so that this language is prominently featured:

    "This is an unofficial site. It is not sponsored by, affiliated with, or related to The Shops at Willow Bend in any way."

I assure you that I have absolutely no desire to violate any trademark or cybersquatting laws. As I explained in my last letter, my research into those areas leads me to believe that I'm not in violation of those laws. But as I also explained, I'm not an attorney, and I recognize that I certainly could be mistaken. If my added verbiage still does not satisfy your client, I urge you to let me know exactly what language in which sections of what laws you believe me to be violating. I assume that I'll be able to look up the indicated sections on the Internet - and if my interpretation agrees with yours, I will immediately relinquish control of my domain name to your client.

I suppose that it's unusual for me to be suggesting that you, in essence, perform some legal research for me. On the other hand, I think it's only fair that you, having accused me of violating a couple of laws, provide me as much detail as you can about the exact nature of the transgressions of which I am accused. And from a practical point of view, if the information you provide is convincing and causes me to surrender my domain name, your investment of a small amount of effort could save all of us (me, you, and your client) a great deal of time, trouble, and money.

I'm looking forward to hearing from you.

Hank Mishkoff

Next: Taubman Responds by Suing Me

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