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News > iTunes site owner challenges Nominet

iTunes site owner challenges Nominet
May 27, 2005
Lisa Kelly

Nominet CyberBritain has delivered the latest salvo in its dispute with Apple over the iTunes.co.uk domain name, questioning the authority of internet registry Nominet.


According to Benjamin Cohen, the website's chief executive, the government says it is “not aware” of any recognition of Nominet to issue or make judgements on domain names in the UK.


The domain name registration authority ruled in March that dot-com teenage millionaire Cohen should transfer the iTunes.co.uk web address to Apple, saying it was “an abusive registration”.


Apple, who holds the iTunes trademark, took action against CyberBritain after accusing it of cyber squatting for forwarding visitors to the iTunes name to Cohen's shopping site.


CyberBritain is currently mounting legal action against Nominet over their handling of the dispute, and made an application under the Freedom of Information Act to ascertain Nominet's status and whether its decisions are binding.


It hoped to apply for judicial review of the decision in the High Court but said this can only be done if the decision is made by a public body and that there is no statutory recognition of Nominet's position as the sole issuer of .uk domain names to the public.


“If Nominet has no official recognition (despite civil servants being on their Policy Board) then all domain names issued by them are placed in jeopardy,” said Cohen.


A statement by Nominet rebuffed Cohen's complaint. “Nominet has been established as the registry for .uk domain names for nine years and, over this period, it has built a strong relationship with the UK Government.”

It confirmed it has "no statutory (or formalised) relationship with the Department of Trade and Industry (DTI) or the Cabinet Office" but says its status and recognition comes "from the support of its Board and stakeholders, the Government and the Internet industry at large".


Nominet roundly defended its dispute resolution service which is said was “developed after extensive public consultation and is being copied as a model of best practice in several countries around the World.”



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