The United States Court of Appeal for the Sixth Circuit reversed a decision of the District Court and dissolved both preliminary injunctions preventing the defendant-appellant, Henry Mishkoff, from using a series of domain names including domain names that criticized the plaintiff-appellee, the Taubman Company.
Mishkoff registered the domain name "shopsatwillowbend.com" when he learned that Taubman was building a mall called "The Shops at Willow Bend". The domain name contained information about the mall and a disclaimer that indicated that this site was not the official site of the mall and provided a link to the official site. Mishkoff then registered five additional domain names:
- taubmansucks.com;
- shopsatwillowbendsucks.com;
- theshopsatwillowbendsucks.com;
- willowbendmallsucks.com; and
- willowbendsucks.com.