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03-15-2005, 10:08 AM
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#1 (permalink)
| | DNF Addict
Last Online: 10-07-2008 05:42 PM Join Date: Aug 2002
Posts: 5,463
DNF$: 3,461 Location: a shed,wales,uk
Country: | Apple wins iTunes.co.uk case http://www.theregister.co.uk/2005/03...s_domain_case/
a pull quote from it
"The full decision is not available yet. But it would appear that the long-held notion of prior rights has been set aside in Nominet's most recent domain resolution rules. Has the UK registry become corporate friendly?" no comment : thats my comment not el reg or apple or the bloke.
Last edited by unclewilco; 03-15-2005 at 04:55 PM.
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03-15-2005, 11:06 AM
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#2 (permalink)
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Last Online: 01-23-2007 02:29 AM Join Date: Jan 2005
Posts: 1,445
DNF$: 7,438
Country: | Re: Apple wins iTunes.co.uk case 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. |
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03-15-2005, 11:35 AM
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#3 (permalink)
| | The One
Name: Lukas Last Online: 08-28-2008 04:53 PM Join Date: Mar 2005
Posts: 1,912
DNF$: 622 Location: New Jersey
Country: | Re: Apple wins iTunes.co.uk case Such a domain name is a trademark, no wonder they got it.
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03-15-2005, 12:40 PM
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#4 (permalink)
| | DNF Regular
Last Online: 01-21-2008 10:13 AM Join Date: Jun 2004
Posts: 839
DNF$: 1,138 Location: NewYork
Country: | Re: Apple wins iTunes.co.uk case the name was registered way before Apple introduced itunes.....goes to show what you can do with deep pockets!
__________________ "Life is not fair - Get Used To It" "Nothing Lasts For Ever" |
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03-15-2005, 04:38 PM
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#5 (permalink)
| | Philadelphia Lawyer
Last Online: 09-26-2008 08:38 PM Join Date: Oct 2002
Posts: 2,388
DNF$: 3,323 | Re: Apple wins iTunes.co.uk case Quote: |
the name was registered way before Apple introduced itunes
| Oh really?
Then why did Apple file their UK trademark application on October 24, 2000, and then this guy registered the domain name on November 7?
Hmmm?
__________________ John Berryhill Ph.d., esq.
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03-15-2005, 04:42 PM
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#6 (permalink)
| | DNF Member
Name: Nicos.com Last Online: 10-11-2008 05:52 PM Join Date: Aug 2004
Posts: 302
DNF$: 1,835 Location: Nicosia
Country: | Re: Apple wins iTunes.co.uk case 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. Quote: |
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.
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03-15-2005, 04:52 PM
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#7 (permalink)
| | Platinum Lifetime Member
Name: Dave Zan Last Online: 10-09-2008 10:49 PM Join Date: Aug 2004
Posts: 1,626
DNF$: 0 Location: Manila | Re: Apple wins iTunes.co.uk case Guys, jberryhill noted that Apple filed their TM application a week or so before
the domain name was registered. Some of you may deny it, but that definitely
gives Apple the right, in this case.
An additional detail I just found out also: under UK law the approved TM
becomes effective from the lodgement date, which is the date stated above.
Note the domain was registered a few weeks after that.
Some of you don't have to agree. But on the face of facts such as those,
Apple is in the right here.
__________________ Dave Zan says Vidi, Vici, Veni! :-D DaveZan.com - My Blog |
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03-15-2005, 05:46 PM
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#8 (permalink)
| | TheBest.com
Name: George Kirikos Last Online: Today 09:24 AM Join Date: May 2002
Posts: 2,123
DNF$: 1,646 Location: Toronto, Canada
Country: | Re: Apple wins iTunes.co.uk case 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. |
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03-16-2005, 02:42 AM
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#9 (permalink)
| | Acro.net Αdministrator
Last Online: Today 01:23 PM Join Date: Feb 2004
Posts: 19,095
DNF$: 15,772 Location: Domainistan
Country: | Re: Apple wins iTunes.co.uk case Mess with the apple - get eaten by the worms.
__________________ Acroplex.com • Professional Web & Graphics development |
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03-26-2005, 07:25 PM
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#10 (permalink)
| | Platinum Lifetime Member
Last Online: 04-20-2007 09:57 AM Join Date: Jun 2004
Posts: 173
DNF$: 414 | Re: Apple wins iTunes.co.uk case I own itunesmusicstore.info and havent had an issue yet...
infact, they approved me for their affiliate progam..
gulp!
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