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Act 52: Preliminary Appeal Paperwork

It's early in January, 2002, and the appeals process is starting to pick up steam.

Some preliminary paperwork has been filed by attorneys for both sides; I suspect that this won't be of interest to most of you, so I haven't transcribed the forms for the Web. However, for those of you who are interested in such things, I do have copies of the original forms online for your viewing pleasure; you can access them by selecting the links below.

Having said that, I did want to post a section of the "Civil Appeal Conference Statement" filed by my attorney, in which he summarizes the issues that he plans to raise on appeal.


  1. Does the Lanham Act Prevent the admirer of a shopping mall near his home from using the mall's name on an internet "fan" site?

  2. Does due process allow the Michigan owner of a Texas shopping mall to bring suit in Michigan against a Texas resident who created a non-interactive "fan" web site for a Texas shopping mall, and a second web site that criticizes the mark owner's trademark litigation tactics?

  3. Does the preliminary injunction directed against a web site that criticizes a shopping mall owner's trademark litigation against the web site owner create an impermissible prior restraint in violation of the First Amendment?

  4. Does the Lanham Act forbid a citizen from creating a non-commercial web site entitled taubmansucks.com, devoted to criticism of the litigation tactics of the Taubman company, on the theory that some internet viewers might think that Taubman was being humorous in saying that he himself "sucks" and thus might think that Taubman was the sponsor of the site?

View Taubman's Attorney's Original Forms (in a separate window)
View My Attorney's Original Forms (in a separate window)

Next: I File My Discovery Requests

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