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iTunes legal battle stumbles

8 August 2005

Internet entrepreneur Benjamin Cohen has had his application for a judicial review in order to win back the iTunes domain name rejected.

The High Court in London ruled that the application brought against the UK domain name registry, Nominet, was flawed in several respects.

Mr Cohen, of Hackney, east London, launched his High Court bid after Nominet awarded the itunes.co.uk domain name that he had registered in 2000 to Apple in March. Apple has since used the web address to direct visitors to its iTunes music download service.

The internet businessman told the BBC that he intends to continue to fight for the web address and has accused Nominet of bias against small businesses.

In a written response to the High Court decision, Mr 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.

"We refute Nominet's allegation that it was an unnecessary action and hope that in the case of an oral hearing being pursued, the inherent unfairness of Nominet's dispute resolution service becomes apparent."

Edward Phillips, Nominet's solicitor, said: "I am pleased that the judge has rejected Mr Cohen's case at the first possible opportunity, which leaves no doubt that it was without merit."

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