March 15, 2005 2:05 PM PST

Apple wins iTunes cybersquatting battle

Apple Computer has won a legal dispute to force a U.K. company it accused of cybersquatting to hand over the domain ownership for the iTunes.co.uk Web address.

Apple issued proceedings against CyberBritain in December of last year through domain registrar Nominet UK, claiming that ownership of the domain should be transferred to Apple because it holds the iTunes trademark.

CyberBritain CEO Benjamin Cohen accused Apple of bullying tactics and said he had registered the iTunes.co.uk domain a month before Apple's trademark application was published, back in December 2000, and some three years before its online music download service launched.

Cohen maintains that his motives for registering the domain were innocent and that he turned down a cash offer from Apple for the domain, as it could have been interpreted as intent to profit from Apple's trademark.

But the Nominet dispute resolution service has ruled in favor of Apple, ordering CyberBritain to hand over the iTunes.co.uk domain.

Cohen said he is currently considering his next move, which may be an appeal either directly to Nominet or to Britain's High Court. Until the appeal, Cohen said he will continue to use the domain as a redirect to his own company's shopping Web site.

Andy McCue of Silicon.com reported from London.

See more CNET content tagged:
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Add a Comment (Log in or register) 36 comments (Showing first 20 comments)
Checked the link, its cybersquatting
by Thomas, David March 15, 2005 2:50 PM PST
Simply a redirect to their shop. An obvious ploy, if not after the
fact. The trademark exists and they should have taken the
money.
Reply to this comment View all 3 replies
Checked the link, its cybersquatting
by Thomas, David March 15, 2005 2:50 PM PST
Simply a redirect to their shop. An obvious ploy, if not after the
fact. The trademark exists and they should have taken the
money.
Reply to this comment View all 3 replies
Registered before Apple's trademark was published...
by unknown unknown March 15, 2005 4:36 PM PST
When the site was registered Apple didn't have any legal claim to it. This is setting a bad precident in my opinion. One can register a domain name, and after the fact a large company can come along and trademark the name and force one give up legally aquired domain name under guise of cybersquatting.
Reply to this comment View all 3 replies
Registered before Apple's trademark was published...
by unknown unknown March 15, 2005 4:36 PM PST
When the site was registered Apple didn't have any legal claim to it. This is setting a bad precident in my opinion. One can register a domain name, and after the fact a large company can come along and trademark the name and force one give up legally aquired domain name under guise of cybersquatting.
Reply to this comment View all 3 replies
all too obvious
by mortis9 March 15, 2005 10:50 PM PST
this is trademark infringement, hands down. he obviously had a heads up about the copyright prior to publishing, and he was holding out for a better offer. i'm rather glad they make this illegal. it's a friggin redirect to his site that sells mp3 players.. funny....
Reply to this comment View reply
all too obvious
by mortis9 March 15, 2005 10:50 PM PST
this is trademark infringement, hands down. he obviously had a heads up about the copyright prior to publishing, and he was holding out for a better offer. i'm rather glad they make this illegal. it's a friggin redirect to his site that sells mp3 players.. funny....
Reply to this comment View reply
Takes longer to TradeMark than Register. THINK!
by Thomas, David March 16, 2005 8:23 AM PST
Take that into account, and go to the site.

Notice that they do not have a single product named iTunes.

For those of you "crying" about the little guy, either you are
totally lacking any brain cells to form a real thought, or you are
just pissed off that someone cracked down on cybersquatting. I
really don't get it.

Bottom-line, even if they never wanted to use that name for a
product, then they could have easily copyrighted it or
trademarked. Why didn't they? Was it because Apple had
already applied for it?

Think people, just think once in a little while.
Reply to this comment View reply
Takes longer to TradeMark than Register. THINK!
by Thomas, David March 16, 2005 8:23 AM PST
Take that into account, and go to the site.

Notice that they do not have a single product named iTunes.

For those of you "crying" about the little guy, either you are
totally lacking any brain cells to form a real thought, or you are
just pissed off that someone cracked down on cybersquatting. I
really don't get it.

Bottom-line, even if they never wanted to use that name for a
product, then they could have easily copyrighted it or
trademarked. Why didn't they? Was it because Apple had
already applied for it?

Think people, just think once in a little while.
Reply to this comment View reply
 See all 36 Comments >>
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