Apple wins iTunes.co.uk case

**unclewilco** · 03-15-2005, 09:08 AM

http://www.theregister.co.uk/2005/03...s_domain_case/

a pull quote from it

"The full decision is not available yet. But it would appear that the long-held notion of prior rights has been set aside in Nominet's most recent domain resolution rules. Has the UK registry become corporate friendly?"

no comment : thats my comment not el reg or apple or the bloke.

**Dr. Domaining** · 03-15-2005, 10:06 AM

Thank you for the link. Very nice article. It just goes to show that you have to be careful when it comes to domains that could be infringing on a trademark.

**VisualDigits** · 03-15-2005, 10:35 AM

Such a domain name is a trademark, no wonder they got it.

**freestyler** · 03-15-2005, 11:40 AM

the name was registered way before Apple introduced itunes.....goes to show what you can do with deep pockets!

**jberryhill** · 03-15-2005, 03:38 PM

the name was registered way before Apple introduced itunes

Oh really?

Then why did Apple file their UK trademark application on October 24, 2000, and then this guy registered the domain name on November 7?

Hmmm?

**missedcall** · 03-15-2005, 03:42 PM

interesting....if they go to High Court however 100% this dn will get back to the original owner ..ALL the facts are the same with Phone4U.co.uk case ... UK is based on case law so there is NO WAY to loose this dn. The Court can't take different decision if all the facts are the same. WIth the cheapest UK lawyer they can win the big APPLE

I am suprised that they still thinking if they will go to court !
The same applies to all co.uk domain names who has been registered well before the trademark submission.

Then why did Apple file their UK trademark application on October 24, 2000, and then this guy registered the domain name on November 7?

If this is true then is a different story.

**Dave Zan** · 03-15-2005, 03:52 PM

Guys, jberryhill noted that Apple filed their TM application a week or so before
the domain name was registered. Some of you may deny it, but that definitely
gives Apple the right, in this case.

An additional detail I just found out also: under UK law the approved TM
becomes effective from the lodgement date, which is the date stated above.
Note the domain was registered a few weeks after that.

Some of you don't have to agree. But on the face of facts such as those,
Apple is in the right here.

**GeorgeK** · 03-15-2005, 04:46 PM

In the UK, does "lodgment date" equal "filing date" or "first use in commerce"?? I was under the impression (in Canada/US) that it was the first use in commerce that matters.