TimesLeader.com

September 26, 2008

Kingston law firm sues Internet company

Hourigan, Kluger & Quinn alleges company profited from firm’s name.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

KINGSTON – The law firm of Hourigan, Kluger & Quinn, P.C. has filed a federal lawsuit against a company that registers Internet domain names, alleging the company has registered names that are deceptively similar to the law firm’s trademark.

The suit, filed Monday in federal court in Scranton, alleges Domain Discreet of Canada has improperly profited from the Hourigan, Kluger & Quinn name by registering domain names that contain either the firm’s trademark or intentional misspellings of the trademark.

Domain names direct Internet users to Web sites that provide advertisements and/or links to other law firms that compete with HKQ, the suit says. Some of the sites also provide advertisements or links to pornographic sites, the suit says.

According to the suit:

Hourigan, Kluger & Quinn had been using its name and the acronym HKQ as trademarks since 1997 in promoting its legal services.

HKQ, located in Kingston, registered its name, as well as the slogan, “No one will work harder for you,” in October 2007. The trademark covered the firm as well as HKQ Kids, a nonprofit organization that benefits children. The firm also registered its Internet domain name, HKQPC.com.

On or about March 13, 2000, Discreet Domain registered several domain names that incorporate the law firm’s trademark, including houriganklugerquinn.com, houriganklugerquinn.org and houriganklugerquinn.net.

The suits says those Web sites are damaging to HKQ’s business because persons searching for the firm’s Web site may mistakenly believe they are being directed there, when in fact they are sent to an entirely unrelated site.

The suit further notes the Web sites in question contain ads and hyperlinks to other law firms, which may cause HKQ to lose potential customers .

“Defendant receives a payment each time a person clicks on one of the advertisements or hyperlinks that appear on the Website and likewise profits from the sale of the infringing domain names,” the suit says.

The suit requests a judge enter a preliminary injunction preventing Domain Discreet from continuing to utilize the domain names. It also seeks compensatory damages up to $100,000 per infringing domain name and $1 million for willful uses of each counterfeit trademark.