February 2004

Volume 5, Issue 2

 

Editors

Cherie W. Blackburn

Robert W. Pearce, Jr.

John C. McElwaine

 Nelson Mullins Riley & Scarborough, L.L.P.

1-800-237-2000

www.nmrs.com

Nelson Mullins has more than 275 attorneys firm-wide, with over 25 attorneys having significant representation of e-commerce clients in areas including patent, copyright and trademark protection; business planning, securities and venture capital; and licensing, distribution and contract preparation. 

Atlanta Contacts

Neil Grayson

neg@nmrs.com

  Lloyd Farr

lgf@nmrs.com

  Charleston Contacts

Cherie Blackburn

cwb@nmrs.com 

Robert Pearce

rwp@nmrs.com

John McElwaine

jcm@nmrs.com 

Charlotte Contact

Larry Scott

ljs@nmrs.com

Myrtle Beach Contact

Franklin Daniels

fgd@nmrs.com 

Columbia Contact

Mark Dukes

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Greenville Contact

Marvin Quattlebaum

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William Herlong

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CyberWatch is an Internet Law Group news digest published as a service to Nelson Mullins’ clients and friends.  The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.

 CyberWatch is a trademark of Nelson Mullins Riley & Scarborough, L.L.P.

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 eBay Announces Explosive Growth 

eBay, the world’s largest online auctioneer, announced a 57 percent jump in revenue and a 78 percent rise in operating income from a year ago.  The company, which survived the bursting of the Internet bubble and now brings us the permanent nationwide garage sale, has nearly tripled its revenue in two years.  It says that it has 94.9 million registered users and 41.2 million active users as of December 31, 2003.  The amount of merchandise actually sold on eBay jumped to a record $7.1 billion in 2003.  Source: Forbes.com.

Amnesty International Seeks Freedom for 54 “Internet” Prisoners 

Amnesty International is seeking the release of 54 individuals who have been jailed in China for expressing their opinions on the Internet.  Amnesty International called the 54 detainees “prisoners of conscience” and stated that they had each received prison sentences of between two and 12 years for speaking their minds on the Internet on issues ranging from political speech to discussions regarding last year’s SARS outbreak.  Source: USAToday.com.

Microsoft Settles Case with Canadian Teenager Mike Rowe regarding “MikeRoweSoft.com” 

Microsoft’s Canadian lawyers recently decided that maybe their trademark infringement claim against teenager Mike Rowe was a little too serious.  Rowe’s Web site, (“MikeRoweSoft.com”), upset Microsoft, and Rowe said he decided to settle out of court because “I have a budget of about $1,000 to spend on lawyers, while Microsoft has a billion to spend.”  A legal defense fund started on Rowe’s behalf will return all donated monies.  In exchange for transferring control of his domain name, Rowe is being given an Xbox with some games from Microsoft and will be allowed to take his family to visit the Microsoft Research Tech Fest in March.  Source: CNETnews.com.

Oklahoma Woman Seeks to Sell Caskets Over the Internet 

An Oklahoma woman has asked a Federal Appeals Court to overturn an Oklahoma law that limits the sale of caskets to licensed funeral home directors.  The woman originally lost her suit against the Oklahoma Board of Embalmers and Funeral Directors when a federal court judge decided that a casket “cartel-like scheme” was best for the consumer.  Lawyers for the woman, who wants to sell by using the Internet, argued that such a regulation favors special interests such as funeral home directors, and equates to a licensing scheme that has been struck down by every federal judge who has previously looked at such a scheme.  A decision by the appeals court is expected in three to four months.  Source: KOTV.com.