“An internet entrepreneur today launched a legal battle with computer giant Apple to overturn a ruling over the ownership of a website address. Benjamin Cohen, 22, has applied to the High Court for a judicial review of a dispute over the address itunes.co.uk,” John-Paul Ford Rojas reports for The Scotsman.
“Earlier this month Nominet, the body which manages a central database of domain names, ruled the name should be handed over to Applem” Rojas reports. “But today Mr Cohen expressed surprise at the decision and said he would be challenging the legitimacy of Nominet in making it. He said: ‘We feel that the procedure that Nominet utilise to settle disputes is unfair and biased towards big business at the expense of legitimate small British companies.'”
Full article here.
Related MacDailyNews articles:
Apple wins iTunes cybersquatter fight; UK domain registrant considers appeal – March 15, 2005
‘Touchy feely’ Apple Computer in dispute over itunes.co.uk website domian name – December 07, 2004
What’s “legitimate” about them? Do they market a music-related product or service?
He uses it as a redirect to his other online business ventures. There’s no Legitimacy about it. This guy may have been lucky to register the domain before iTunes was announced, but he became a squatter as soon as he knew Apple would want the Domain name. I agree with Nominet on their decision. Usually I wouldn’t side with a big company (Dinobot.net, anyone?), but this time it’s clear that the fellow is just trying to exploit the name for no real, useful purpose other than publicity.
First come, first served.
Is this guy under any legal obligation to do something “useful” with the name? Who decides what’s useful?
It’s his. He paid for it. If Apple wants it, I’m sure the guy will sell it for the right price. Unless this is considered by law to be like scalping tickets, I don’t see the problem.
Entrepreneur.. ? Let me guess.. this domain name deal against Apple is his meal ticket..
Hmmm.. another reason to clamp down on upcoming product names, etc.. I think so…
Glad he’s pursuing it.
He’s not even using the name for anything! It’s just a re-direct. Why does he wanna keep it so bad?
Stupid little brat.
Is this guy under any legal obligation to do something “useful” with the name? Who decides what’s useful?
It’s his. He paid for it. If Apple wants it, I’m sure the guy will sell it for the right price. Unless this is considered by law to be like scalping tickets, I don’t see the problem.
It is illegal in most countries to posess a domain name that uses a name trademarked by someone else and try to extort large sums of money from them in exchange for transfer of ownership. It’s not necessarily illegal to own a domain like iTunes.co.uk, but I’m guessing there’s documented evidence that he wanted a ridiculous amount of money for it; coupled with the fact that the redirect goes to a page that in no way mentions an iTunes of any kind in any way. Or at least it didn’t at the time of the inital lawsuit. I haven’t checked for an update since then.
If you go to itunes.co.uk, it now has tw redirects to this address:
http://www.quickquid.com/igetgifts/index.php?ref=itunes
On that page it does not mention ‘itunes’, or appears to have any relevant music connection.
I still support the squatter. This was the whole point of the first-come, first-served naming rules. If it’s not being used AT ALL, that’s one thing. There’s even a case to be made if it’s not being used FOR COMMERCE (since it’s a .co), but he’s using it FOR COMMERCE, he registered it FIRST, and as icing on the cake, the site it redirects to is selling mp3 players. That’s as legitimate a use of “itunes” as I can think of.
Stop supporting the juggernaut just ‘cuz they used to be the underdog. Think about each case individually, you sheep.
Err… that should read: “… ‘two’ redirects…” Sorry, typing too quick.
I don’t know too much about the story, except that Benjamin Cohen formerly ran a porn site. Through CyberBritain.com he owned Hunt4Porn.com – an ‘adult’ search engine, whilst claiming he ‘didn’t want to do it’.
And although the claim is he’s a ‘dot-com millionaire’, in reality his dad, Richard Cohen, is chief executive officer of Epoch Software. from where little Ben got more than a little help.
Dear “He got there first” I guess you want to support a repeal of this little line from Article I section 8 of the U.S. Constitution: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;” because god forbid that we Americans, or our counterparts in other nations, respect intellectual property.
If Mr. Cohen had a product called “iTunes” I might be sympathetic too him, but if that were the case, Apple would have paid him a couple sheckles to change the name of his product. As it stands, he’s doing nothing with the name, and has no right under Britsih, American, or international law to the name.
and as icing on the cake, the site it redirects to is selling mp3 players. That’s as legitimate a use of “itunes” as I can think of.
Actually thats the icing on the cake that its a violation. having a TRADEMARK means that your the only one that can use that name in that trade. (this is a tradmark case not copyright) The facts are quite clear in this case that he only uses the site to trade off of Apple’s name and popularity. This is similar to ford using chevy.org to point to its site.