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Nominet claims victory in iTunes.co.uk dispute

Cohen may yet have a say

Tags: cohen, nominet, itunes

By Tony Hallett

Published: 5 August 2005 15:40 GMT

Internet domain names registrar Nominet has been handed a victory in its court case with entrepreneur Benjamin Cohen, who had disputed a Nominet ruling ordering him to give the iTunes.co.uk address to Apple.

In a statement, Nominet said the judge found Cohen's "application was flawed in several respects".

The registrar added: "Nominet UK is proud of its award winning Dispute Resolution Service and remains confident that it provides a mechanism for settling disputes for hundreds of small users for whom the courts are out of reach."

Cohen's claims had focused on a registering of the URL before Apple's trademarking of iTunes - now a well-known brand - had been disclosed.

By March this year it looked like Apple had won the tussle, with Cohen's company, CyberBritain, being told to transfer the domain to the US computer company.

However, by the end of that month, Cohen had announced plans to take the matter to the High Court, claiming Nominet was biased in favour of larger companies. He also questioned Nominet's authority as a body to resolve such disputes.

Cohen now has seven days to apply to the court for an oral hearing before the matter is closed.

In a written response Cohen's company said: "CyberBritain is considering its options together with its legal team. It is currently reviewing the decision and is strongly considering making an application for an oral hearing before the judge to review the decision."

The www.itunes.co.uk URL currently redirects to www.apple.com/uk/itunes.

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