Apple in iTunes.co.uk cybersquatting row

Apple has been accused of bullying tactics in its battle to force a small UK firm to hand over ownership of the iTunes.co.uk web address.

Apple has issued proceedings against CyberBritain Holdings through the UK domain name authority Nominet claiming it holds the iTunes trademark and that this is a case of cybersquatting.

But the CEO of CyberBritain, Benjamin Cohen, claims he registered iTunes.co.uk on 7 November 2000 before Apple's application for the trademark was made public.

Although Apple applied for a trademark for the name iTunes on 27 October 2000 that information was confidential until it was published in the UK Trade Marks Journal on 6 December 2000, almost a month after Cohen registered the domain name.

Apple was later granted a restricted trademark on 23 March 2001, which did not include the use of iTunes for music products and Apple launched the iTunes online music store in the UK in June this year.

Apple's legal team contacted Cohen on 5 November this year and asked him to name a price he would be willing to sell for.

Cohen told silicon.com he was unwilling to do this at it could be seen as intent to profit from Apple's trademark. Apple then offered Cohen a sum to settle, which he will not publicly disclose but said amounts to the equivalent of "a day's legal work".

Apple has now issued proceedings through Nominet accusing CyberBritain Holdings of cybersquatting, and Cohen has until 30 December to respond.

Cohen admitted that some people may be sceptical about his motives but said he had innocently registered iTunes.co.uk as part of a batch of domain names relating to music back in 2000 without any knowledge of Apple's intentions to use it as a trademark. "I can't even find any mention of iTunes before January 2001," he said.

Since he bought iTunes.co.uk Cohen claims it has been used to forward visitors to various music and entertainment websites owned by CyberBritain Holdings and it currently points to a music promotion on one of the sites.

Cohen's father is currently representing CyberBritain Holdings in the case and Cohen insisted he will not back down.

"I don't understand why Apple doesn't just deal with it sensibly. I'm not asking for millions but I don't have to sell it. If we lose the case we will push for a judicial review. Just because you are a big brand owner you can't bully small businesses," he said.

Readers may remember Cohen as the teenage dot com millionaire featured in the BBC television series Trouble at the Top. He founded the Jewish community portal SoJewish.com but is perhaps more famous for creating the adult search engine Hunt4Porn.com, which he sold in 2002.

Apple declined to comment.