NEWS Apple has been accused of bullying tactics in its battle to force a small UK firm to hand over ownership of the iTunes.co.uk web address.
Apple has issued proceedings against CyberBritain Holdings through the UK domain name authority Nominet claiming it holds the iTunes trademark and that this is a case of cybersquatting.
But the CEO of CyberBritain, Benjamin Cohen, claims he registered iTunes.co.uk on 7 November 2000 before Apple's application for the trademark was made public.
Although Apple applied for a trademark for the name iTunes on 27 October 2000 that information was confidential until it was published in the UK Trade Marks Journal on 6 December 2000, almost a month after Cohen registered the domain name.
Apple was later granted a restricted trademark on 23 March 2001, which did not include the use of iTunes for music products and Apple launched the iTunes online music store in the UK in June this year.
Apple's legal team contacted Cohen on 5 November this year and asked him to name a price he would be willing to sell for.
Cohen told silicon.com he was unwilling to do this at it could be seen as intent to profit from Apple's trademark. Apple then offered Cohen a sum to settle, which he will not publicly disclose but said amounts to the equivalent of "a day's legal work".
Apple has now issued proceedings through Nominet accusing CyberBritain Holdings of cybersquatting, and Cohen has until 30 December to respond.
Cohen admitted that some people may be sceptical about his motives but said he had innocently registered iTunes.co.uk as part of a batch of domain names relating to music back in 2000 without any knowledge of Apple's intentions to use it as a trademark. "I can't even find any mention of iTunes before January 2001," he said.
Since he bought iTunes.co.uk Cohen claims it has been used to forward visitors to various music and entertainment websites owned by CyberBritain Holdings and it currently points to a music promotion on one of the sites.
Cohen's father is currently representing CyberBritain Holdings in the case and Cohen insisted he will not back down.
"I don't understand why Apple doesn't just deal with it sensibly. I'm not asking for millions but I don't have to sell it. If we lose the case we will push for a judicial review. Just because you are a big brand owner you can't bully small businesses," he said.
Readers may remember Cohen as the teenage dot com millionaire featured in the BBC television series Trouble at the Top. He founded the Jewish community portal SoJewish.com but is perhaps more famous for creating the adult search engine Hunt4Porn.com, which he sold in 2002.
Apple declined to comment.
Comments
There are 16 comments. Join the discussion
1. anonymous
Just another reason to dislike Apple!!!!!!!!!
This makes me even less impressed with anything to do with ipods!!!!
Typical of any large corporation who can not get it's own way.
2. anonymous
I agree with previous poster.. They are starting to look and act like MS... It seems someone simply forgot to register the name on time (they must have known what name they were going to use months earlier) - they should be paying the current owner a decent sum for it. Instead of doing honest business they use bullying.. how sad.
3. James Robinson
Squatters wrongs
Whatever the previous commenter's views of Apple, surely they're not supporting the cybersquatter's position?
These companies are the opportunistic ticket touts of the web industry - let's hope Apple brings this company down.
4. anonymous
If the previous commenter had read the article it appears he ISNT a squatter.. So no1 is supporting squatters.
5. anonymous
Mr Robinson,
You are a very narrow minded person, If you had read the article properly then you would know that the domain name was registered before anyone outside apple knew about it.
How can you say that you hope apple take him down!!!!!
My first comments were what i consider a fair opinion, yours are ridiculous!!!!!!! Surly small businesses have the same rights as large corporations (obviously being in marketing you are a apple user and this is the sort of comment anyone would expect).
6. anonymous
It's interesting that the IT people don't like what Apple are doing, but the Marketing guy has sympathy for them.
If the domain name was registered before the trademark was announced how can they claim it?
If I registered iDoorStops and then Apple release a product called an iDoorStop why should they automatically gain ownership. By the way I would think that an iDoorStop would be made of translucent plastic which hold doors open fairly well, but not as well as a boring wooden door stop which costs half the price.
7. Roger Huffadine
Even if Cohen had registered the URL after Apple made the trade name iTunes public he would still own it.
Its commerce - just pay the guy a decent sum and stop wasting good money on Lawyers.
8. David John
To answer James Robinson's earlier question, yes I would wholeheartedly support this man's position against Apple.
How can this be cybersquatting when nobody outside Apple knew that the name 'iTunes' was going to be used until months after the domain had been registered?
Apple have some nerve trying to retrospectively claim ownership of a domain. But that's rather in keeping with their ever-increasing arrogance and snobbery.
They're just trying to get the domain name on the cheap. If it's that important to you, pay the man a fair price to give it up.
9. anonymous
A more relevant question might be "How did Cohen find out that Apple had registered the name 'iTunes' in October, when it wasn't made public 'til later?". Nobody could have guessed the name iTunes, so he must have had inside info.
Cybersquatter & insider dealing - it gets worse.
10. chris
anyone know where i can get one of those doorstops?
11. anonymous
read the press release, cohen didn't know about Apple's intentions. You can find out when the application was submitted by going to the patent office website. The application wasn't published until December.
12. Mick
The current issue isnt if he own the web site or not. It has to do with the fact he doesnt own the trademarked name of iTunes. and no matter how you look at it, Apple does. Hence if Apple owns the name iTunes as a product/brand name and Cohen doesnt it there right to ask it to be taken down or changed of name. as it breaks trdaemark rules.
13. anonymous
"...Cohen didn't know about Apple's intentions..." Yeah, and I'm the Archbishop of Canterbury.
The problem this case highlights is that common sense tells us that, as iTunes is Apple's trademark, the domain name should be theirs also. People like Cohen exist because the law hasn't caught up, and a domain name isn't covered by the protection a trademark offers.
14. Charles Wood
Same old story...if you have a good team of lawyers and big bucks, you too can play this game.
Governments do it all the time, just watch the news for todays up to date examples.
Now where is that inland revenue pile I use as a doorstop....
15. greed avenger
Ooh, how innocent this little sweet Cohen guy is. Wouldn’t you hate it when some big bully takes away his domainname?
He just wants to maximise his investment and will do and say anything to get this to happen. Just look at his past and present businesses (don’t forget the porn search enigine hunt4porn)
Just say you want more money. Quit whining, loser!
16. Dave Dixon
Cohen is a speculator. Its an elegant and intelligent model.
Apple should have registered the domain name the moment the meeting broke up during which the name was decided.
Same day.
Never mind when they registered the trademark, or when said registration went public.
Not registering the top level domains for your new products name the SAME DAY it is decided upon is just a mistake. Simple as, end of.
They made a foolish schoolboy type error, and now want to pay for it in such a way that once Cohen accepts payment, they counter with "intent to profit"
Of course Cohen wants the payoff from his intelligent and elegant speculation, just not in a way that will immediately bite him in the ass.