Taylor English Attorney Amanda Hyland Wins $200,000 Jury Verdict in Cyberpiracy Trademark Case
Amanda Hyland, an attorney at Taylor English Duma LLP, won a significant jury verdict in the Northern District of Georgia last week for WasteCare Corporation, a national provider of industrial and commercial waste and recycling solutions. WasteCare was seeking statutory damages in an action against its former associate, Shredderhotline.com Company, and its president. Shredderhotline and its president registered and used two domain names containing WasteCare’s registered trademark. Shredderhotline also requested that its web hosting company download the entire WasteCare web site and relaunch the site under the two infringing domain names. The only change from the original website was the contact information, which directed emails and phone calls to Shredderhotline.com. WasteCare then sued Shredderhotline for numerous claims, including copyright infringement and trademark infringement, which were resolved in favor of WasteCare on summary judgment.
Although the infringing domain names had been deactivated at the outset of this litigation, the two domain names reappeared online during the pendency of the lawsuit. WasteCare immediately was granted leave to amend its suit to charge Shredderhotline and its president with violating the Anti-Cybersquatting Consumer Protection Act (ACCPA), which provides for damages between $1,000 and $100,000 for each domain name found to be in violation of the Act. WasteCare asserted at trial that Shredderhotline created these domain names, copied the website content, and later reactivated the domain names all in order to intercept WasteCare’s internet traffic and avoid payment of referral fees under an agreement between WasteCare and Shredderhotline. At trial, the jury awarded the full $200,000 statutory damages award to WasteCare. Ms. Hyland is now seeking an award of additional damages on the claims on which the court awarded WasteCare summary judgment.
Ms. Hyland is a member of the Taylor English Litigation and Dispute Resolution and Intellectual Property practice groups. She focuses her practice on intellectual property litigation, including the successful resolution of three trademark infringement trials. She is a Georgia Super Lawyers “Rising Star” and was elected to Georgia Trend’s Legal Elite in 2012. She tried the case with her co-counsel, J. Stephen Mixon of Millar & Mixon.