December 24, 2001
Subject: Hi Hank
As best I can tell, using lawyer-like logic, you are able to comply with the first part of the
order below. However, it is impossible for you to remove the domain name from the Internet. That
name has been spread throughout the Net. It is in the archives you have mentioned recently, as well
as a ton of other places. I only bring it up because a maxim of the law says that you cannot be
required to perform the impossible. This does not excuse you from complying with the first half of
the order, but if it becomes necessary to defend yourself against any contempt citations
this might be something to bring to light.
You complied with this:
"Defendants are hereby RESTRAINED and ENJOINED from using the Internet domain name
www.shopsatwillowbend.com."
You cannot comply with this:
"FURTHER Defendants are ORDERED to remove the domain name www.shopsatwillowbend.com from the
Internet."
I wonder if it is important for you to point out to the judge that you cannot comply with that
order?
