Volume 6, Issue 3

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

CyberWatch’s own John McElwaine wins another Internet domain name case in arbitration before the World Intellectual Property Organization (“WIPO”)

On August 31, 2005, a panel of the National Arbitration Forum ruled that the domain name <barefootlanding.com> should be transferred from a Cayman Islands-based registrant to Barefootlanding, Inc., a Myrtle Beach corporation.  The Panel found that the Cayman Island registrant had improperly used the domain name in an effort to receive click-through fees by diverting Internet users to its commercial website. Further demonstrating the registrant's bad faith, the panel pointed out that the <barefootlanding.com> domain name, which contained the identical , BAREFOOT LANDING mark, was used to redirect Internet users to third-party websites featuring resorts, hotels and golf products that competed with Barefoot Landing.  This was strong evidence that the registrant had actual knowledge of Complainant’s rights in the mark when it registered the domain name and chose the disputed domain name to trade off its fame and reputation.  The domain name <barefootlanding.com> now points to the proper Barefoot Landing web site.

 CyberWatch memorable numbers: 

• 3 million per day to 5.7 million per day - - -  the growth in the first six months of 2005 in the volume of “phishing” emails where scam artists use emails to lure people into entering their personal and financial data at fake bank and ecommerce Web sites. (source: WashingtonPost.com and Symantec Report)

• 26 percent - - - the number of employers nationally who said they had fired workers in 2004 for misuse of the Internet. (source:  The American Management Association)

• 18.1 million - - - the number of iPods sold in the past 12 months by Apple Computer.

     (source: siliconvalley.com) 

Internet scams explode after Hurricane Katrina

 Within a couple of hours following Hurricane Katrina’s arrival on the United States gulf coast, online scams began appearing.  Numerous emails began circulating asking people to send any amount of money to help the email’s sender who alleged that he or she was a victim of Hurricane Katrina.  In addition to asking for money, many emails told people to read more about the disaster and provided an Internet hyperlink for readers which, when clicked on, linked the readers’ computers to Web sites that contained software which installed viruses on the readers’ computer.  Authorities expect many more fraudulent Internet sites and email messages to appear.  As an example, following last year’s tsunami disaster, the Federal Bureau of Investigation identified more than 170 Internet sites that preyed on donors wishing to assist in the aftermath of that tragedy.  (source: Wall Street Journal) 

 Believe it or not, hunting via the Internet is banned 

The State of Wisconsin recently passed a bill which prohibits hunters in Wisconsin from shooting at captive animals unless they have physical possession of their weapons.  Wisconsin is one of several states that have taken action after a San Antonio entrepreneur created “live-shot.com” that was designed to let hunters shoot exotic game animals or even wild pigs on his private ranch with the guns being controlled by remote control over the Internet.   (source: twincities.com)

  Grandmother sues over hidden sex in “Grand Theft Auto”

 An 85-year old New York grandmother filed suit against the “Grand Theft Auto” game manufacturer, accusing it of engaging in false, misleading and deceptive practices.  The woman was upset after buying the GTA video game for her 14-year old grandson and then discovering through the news media that the video game contained hidden, sexually-explicit scenes.  The company has stated that it has halted production of the game in its controversial form and is working to provide the game without the hidden sexual content that was apparently stored by an employee of the game maker.  (source:  siliconvalley.com)

 Former AOL employee jailed for selling email addresses

 A former AOL employee has been sentenced to 15 months in prison for selling 92 million screen names and email addresses held by AOL to email spammers.  The 25-year-old individual apologized for the theft that resulted in an estimated seven billion unsolicited emails being sent out by spammers.  (source:  siliconvalley.com)