Cases & Deals

Harsco obtains domain name, permanent injunction, and award of statutory damages, attorneys' fees and costs against cyberpirate

Client(s) Harsco Corporation

Jones Day represented Harsco Corporation and Harsco Technologies LLC in an action for cyberpiracy, trademark infringement, unfair competition, false designation of origin, and related state law claims, all stemming from defendants' unauthorized use of its HARSCO mark. Holding themselves out as "Harsco Business Consulting," defendants registered and used the domain name to carry out a fraudulent scheme in which they solicited personal and financial information in connection with bogus offers of employment. The Court ordered that the domain name at issue be transferred to Harsco, awarded Harsco statutory damages of $100,000 for defendants' blatant and willful use of Harsco's registered HARSCO mark in the domain name to engage in a fraudulent scheme, and permanently enjoined defendants from infringing the HARSCO mark and from competing unfairly with Harsco. The Court also awarded Harsco attorneys' fees and costs in pursuing the action.

Harsco Corp. v. Harsco Business Consulting, Case No. 1:12-CV-1182 (M.D. Pa.)