British High Court ruling helps Apple get .co.uk domain name |
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Tue, 09 Aug 2005 11:35
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LONDON: The British High Court has ruled against an alleged cyber squatter, who tried to prevent Apple Computer using the domain name itunes.co.uk and who initially owned the domain. It backed the .UK domain registrar, Nominet, which decided to grant the domain to Apple early this year, overturning the previous ownership gained by a British company, CyberBritain Group Ltd.
Nominet had decided that the registration of CyberBritain, owned by a 22-year-old former dotcom millionaire Benjamin Cohen, was "abusive" and took "unfair advantage of Apple".
CyberBritain had attempted to get a judicial review in the High Court on Nominet's decision, which the court denied. Nominet had also said in its ruling that Cohen had done himself no favours by admitting that he had little use for the domain, was trying to sell it to Apple's rival Napster and then to Apple for 50,000 pounds.
The High Court judge said CyberBritain's application is "flawed, late and unnecessary" and pointed out that Nominet has an appeals process which the company did not make use of.
CyberBritain has seven days to apply to the court seeking an oral hearing. The company said it is planning to go for this course.
Nominet's solicitor Edward Phillips said the case should now be closed. "I am pleased that the judge has rejected Mr Cohen's case at the first possible opportunity, which leaves no doubt that it was without merit."
The url, iTunes.co.uk, now points to Apple's website.
Earlier, an independent expert appointed by Nominet decided that, by associating the domain name with Napster and by offering to sell it for sums far in excess of its original costs, the registration of the domain name was abusive. The expert ordered the transfer of the domain name to Apple Computers.
Cohen had claimed that he had registered the website in 2000 for his company's music business before Apple iTunes appeared.
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