Apple Wins UK iTunes Domain, Despite It Being Registered Before iTunes Existed

Legal Issues

from the cybersquatting-or-cyber-misusing dept

Last year, Apple tried to force the owner of iTunes.co.uk to hand over the domain, claiming that he was cybersquatting. This isn’t a simple cybersquatting case however, as there are some interesting twists. First, the guy who owns the domain bought it well before Apple ever came up with iTunes, which would make you think he’s got a pretty good claim to keep the domain. However, since iTunes has launched, he’s specifically used the domain to sell iPods and credits for Apple’s iTunes. Based on that, it certainly sounds like trademark infringement — where a visitor is likely to be confused over the real owner of the site. While the details aren’t clear, that is probably why Nominet has decided that Apple deserves to get the domain name. The owner is still likely to appeal, but he’d have a much stronger case if he wasn’t trying to profit off of Apple’s iTunes.