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Apple Threatens iTunes.co.uk Owner

Posted by timothy on from the all-wide-eyed-innocence dept.

derxob writes "According to The Register, Apple has accused Benjamin Cohen, the 'dotcom millionare' of being a 'cybersquatter.' He registered ITunes.co.uk on Nov. 7 2000, and Apple trademarked ITunes on Dec. 8, 2000. They have taken him to the UK registry Nominet and are demanding that he give up the domain."

4 of 354 comments (clear)

  1. Not a squatter by Anonymous Coward · · Score: 5, Informative

    RTFA, he registered it before Apple even thought about creating iTunes and he did use it to redirect to his search engine.

  2. Re:Go Steve by Freexe · · Score: 4, Informative

    nominet doesn't allow you to cybersquat and then sell your domain for money.

    --
    "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
  3. Filing / First Use Date is What Really Counts by Ron+Bennett · · Score: 4, Informative

    Filing / First Use Date is What Really Counts ...

    The UK Patent Office - Trade marks - Database
    http://www.patent.gov.uk/tm/dbase/index. htm

    Filed Oct-24-2000 ... that's before Nov-07-2000 - and according to the UK Patent Office website, the database updates weekly; perhaps it didn't back then, but my guess is he knew about Apple's intended use and/or pending TM application(s).

    http://webdb4.patent.gov.uk/tm/number?detailsreq ue sted=C&trademark=2249936

    Being that he's a millionaire, Apple's TM claims appear weak (my layman's opinion based upon my own experiences in domain name speculation), and he is determined to fight, Apple may eventually choose to settle for some decent size amount ... 6-figure sum USD/GBP wouldn't surprise me.

    Ron Bennett

  4. Re:Blatant British Slant by Dusabre · · Score: 4, Informative

    Apple filed for the trademark on 24 October 2000. This is before he filed for the domain - Nov. 7 2000.

    http://webdb4.patent.gov.uk/tm/number?detailsreq ue sted=C&trademark=2249936

    A trademark is registered as of the date of filing under 40 (3) of the UK Trademark Act.

    http://www.patent.gov.uk/tm/legal/tmact94.pdf

    Therefore from 24 October 2000 - only Apple can use the trademark in business. Date of publication is not relevant.

    The legal situation is different from that given by the slanted Register article.