end of dispute over itunes.co.uk

[Andrew Shaw]

Cohen ends legal bid for itunes.co.uk
'Might against right'
By Tim Richardson
Published Friday 25th November 2005 12:03 GMT


The long-running dispute over the ownership of the domain itunes.co.uk is over.

In the summer, one-time teenage dotcom entrepreneur Ben Cohen sought a Judicial Review to try and overturn Nominet UK's ruling forcing him to hand over the itunes.co.uk domain to Apple.

But the judge dismissed the case noting that Cohen's company, Cyberbritain Group Ltd, should have used the appeal process which forms part of Nominet's domain resolution service. And although Cyberbritain sought a further hearing, this request has now been withdrawn and the case dropped completely.

Edward Phillips, Nominet UK's Company Solicitor, said in a statement: "I am pleased that the judge refused to allow this case to continue as it was totally inappropriate and would have been a waste of money and time for all concerned. The Dispute Resolution Service is a Nominet success story and attempts at litigation such as this just distract everyone from the good work it does for small business and registrants."

In March, Apple was awarded control of the domain iTunes.co.uk after the computer firm accused Cohen of cybersquatting. Cohen rejected Apple's allegations saying that he registered the domain before Apple registered the i-tunes trademark.

Apple pursued its claim and took its case to Nominet UK Ltd, the outfit responsible for the issue and regulation of domain names within the UK. Nominet found in favour of Apple.

Defiant to the end, Cohen told us that while he had a sound case, he could not compete against the deep pockets of Apple and domain registry Nominet.

"We just can't compete with Apple and Nominet who have lots of cash. This is might against right," he said. ®

[Dave Zan]

"We just can't compete with Apple and Nominet who have lots of cash. This is might against right," he said. ®

Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ight...

[Andrew Shaw]

?

[Dave Zan]

It's also posted here: http://www.dnforum.com/f26/judicial-review-nominet-drs-denied-thread-122206.html .

What Cohen doesn't seem to either be telling (or maybe he still won't accept
it) is this:

http://webdb4.patent.gov.uk/tm/text

2249936 ITUNES WO 24.10.2000
----------

Domain Name:
itunes.co.uk
Registrant:
CyberBritain Group Ltd
Relevant Dates:
Registered on: 07-Nov-2000

--------

The TM lodgement date is October 24, 2000. The domain name was registered November 7, 2000.

The domain name was registered about a month after the trademark was filed.

And he still claims it's might versus right?

[Focus]

its their name, thats what he gets..just like many of us have had to do LOSE THE DOMAIN, life goes on...for some of us.

[Mr. Deleted]

It's also posted here: http://www.dnforum.com/showthread.php?t=122206 .

What Cohen doesn't seem to either be telling (or maybe he still won't accept
it) is this:



The domain name was registered about a month after the trademark was filed.

And he still claims it's might versus right?

but it was a sealed tm, only apple and thier lawyers know it

[tdawg5345]

pretty intense story

[mkellerman]

can anyone recommend a good UK domain lawyer?