Volume 6, Issue 1

 

Editors

Robert W. Pearce, Jr.

John C. McElwaine

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

1-800-237-2000

www.nelsonmullins.com

Nelson Mullins has more than 350 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

neil.grayson@nelsonmullins.com

  Lloyd Farr

lloyd.farr@nelsonmullins.com

  Charleston Contacts

Robert Pearce

bobby.pearce@nelsonmullins.com

John McElwaine

john.mcelwaine@nelsonmullins.com

Charlotte Contact

Larry Scott

larry.scott@nelsonmullins.com

Myrtle Beach Contact

Franklin Daniels

franklin.daniels@nelsonmullins.com

Columbia Contact

Mark Dukes

mark.dukes@nelsonmullins.com

Greenville Contact

Marvin Quattlebaum

marvin.quattlebaum@nelsonmullins.com

CyberWatch is a Technology Industry 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.

Note 1:            ThinkTEC Annual Innovation Summit

                        Charleston, South Carolina

Charleston Area Convention Center

                        April 28 and 29, 2005 

Join business leaders, technology experts, entrepreneurs, economic developers and venture capitalists during this two-day, information-packed summit. 

http://hsc.thinktec.org/internal.asp?name=Thinktek&catID=8686 

Note 2:          A link to Nelson Mullins’ separate “Tech Law Notes” is provided for your convenience:  

http://www.nelsonmullins.com/news/nelson-mullins-newsletter_detail.cfm?id=B2E14EA5-BCD2-35D3-DC7A3F0FA9A973A6

 DOMAIN NAME RECOVERED FROM PORNOGRAPHER –

LOCAL BOY DOES GOOD AGAIN! 

Nelson Mullins Charleston attorney John McElwaine recently won transfer of a domain name to a client whose business, which included his personal name, had been appropriated by the owner of an adult-oriented site.  An Internet dispute panel of arbitrators found that the defendant was capitalizing on the goodwill of the plaintiff’s trademark by using the disputed domain name to divert Internet users to commercial pornographic Web sites.  Since the disputed domain name contained the complainant's name and trademark, a consumer searching for the business would likely become confused and possibly believe the plaintiff had an affiliation with the defendant’s Web sites.  The panel found that the registrant's use of the disputed domain name constituted bad faith registration and use. The domain name was ordered to be transferred to the plaintiff.

AUSTRALIAN MAN IMPRISONED FOR ONLINE “NIGERIAN SCAM” 

A Sydney man pled guilty to ten counts of fraud and was sentenced to more than five years in prison, plus restitution, for promising people millions of dollars from Nigerian bank accounts in return for an “administration fee.”  The email scammer allegedly duped people into sending him approximately 3.8 million dollars in his version of the well-known “Nigerian scam” before he was caught.  Source:  SiliconValley.com 

EX-LOVER HACKED FOR HACKING 

A jilted lover decided to get even by hacking into his former girlfriend’s email account and deleting emails from her new boyfriend.  The ex-boyfriend pled guilty in Australia to unlawfully accessing data and has since married a woman from Canada he met over the Internet.  Source: news.com.au 

MUSIC INDUSTRY SUES 83-YEAR OLD DEAD WOMAN 

In the most recent round of RIAA lawsuits, the record industry named an 83-year-old dead woman as the sole defendant in a federal lawsuit.  The lawsuit claimed that the woman made more than 700 songs available for free on the Internet using the screen name “smittenedkitten.”  No word on whether the RIAA has decided to drop the lawsuit now that it has been discovered that the woman died more than a month before the lawsuit was filed.  Source:  RIAAsuitdeadwoman.notlong.com 

BILL GATES’ MILLIONS OF DAILY EMAILS 

You think you receive a bunch of spam emails each day?  Microsoft recently revealed its chairman, Bill Gates, receives approximately four million pieces of email per day, with most of it being spam.  Microsoft said that it has installed special technology in order to filter out the spam just intended for Gates.  The company has also created a multi-employee department whose sole job is to insure that unwanted emails do not get into Gates’ inbox.  You would think the “Godfather of Software” could solve this problem.  Source:  News.Yahoo.com