David Versus Goliath Battle Over ITUNES.co.uk Domain Name

Apple Computers Takes on Small Business Over the Ownership of ITUNES.CO.UK, case to follow hot on the heels of Office of Fair Trading criticism of Apple’s pricing policy.

CyberBritain Holdings Ltd, the internet company founded and run by Benjamin Cohen (founder of SoJewish and one time teenage dot.com millionaire), registered the domain name ITUNES.co.uk on the 7th November 2000, as one of a series of generic domain names to forward to various parts of what was then CyberBritain’s network of websites. From 9th November 2000, the ITUNES.co.uk domain name forwarded to CyberBritain’s music search engine service.

Unknown to CyberBritain, Apple Computer Inc applied for a trademark for the name “ITUNES” on the 27th October 2000. The details of the application were strictly confidential and only known to Apple, their filing agents and HM Patent Office. It was not until the 6th December 2000, that their application was published in the Trade Marks Journal, a crucial four weeks after CyberBritain began using the ITUNES.co.uk domain name. Apple was later granted a restricted trademark on 23rd March 2001, which did not include the use of ITUNES for music products.

CyberBritain continued to use the domain to forward to its music pages throughout 2001,2002 and 2003. On 16th April 2003, Apple Computers Inc applied for a trademark for the name “ITUNES MUSIC STORE” for classes including music, they have yet to be granted the rights to the name.

Apple did not launch their ITUNES service in the UK until June 2004, almost four years after CyberBritain first registered the ITUNES.co.uk domain name.

CyberBritain, innocently registered the ITUNES.co.uk domain name and used it for four years before it was contacted by Apple Computer Inc’s solicitors in November of this year. On the 30th November, Apple issued Nominet proceedings (domain authority) to gain control of the ITUNES.co.uk domain name.

CyberBritain now forwards the ITUNES.co.uk domain name to a music promotion on its associated website, QuickQuid.com.

Benjamin Cohen, the CEO of CyberBritain Holdings Ltd said, “Apple have accused us of being cyber-squatters, something that we obviously could not be, as our registration of the ITUNES.co.uk domain name pre-dates the time that any information about their ITUNES service would have been in the public domain. They are using their status to unfairly claim an asset of an entirely innocent, British small business.”

Contacts: CyberBritain Holdings Ltd 0870 906 4555

iTunes is so well known. How can CyberBritain is not aware of this?

If British can complain about Apple is charging too much in Britain, Americans can complain similar since Canadians pay less.

Itunes were not well known in November 2000, though. They had not even applied for their US trademark.

CyberBritain registered back then, and has held onto the domain ever since

The whole APPLE VS CYBERBRITAIN debate can be viewed at:

http://www.macobserver.com/article/2004/12/06.5.shtml

Personally, I think Ben Cohen of CyberBritain is right. Apple have no right to evict him from his domain by bullying him.