dispute goes to court

Written by Jason Cundall

June 29, 2005 | 13:27

Tags: #judicial-review #nominet

Companies: #apple

Ben Cohen - no, not the England and Northampton Rugby player, but the guy who owns - is still refusing to hand over the domain name to Apple, claiming that Nominet (the UK's domain name registrar) has no authority to demand that he does so.

The row over the ownership of the domain name will now see domain name registrar Nominet taken to court.

Nominet recently decreed that current owner, Benjamin Cohen, should hand over the URL to Apple because of its all-conquering music download of the same name. Cohen, however, is refusing to give it up, claiming Nominet has no legal authority.

Nominet's authority may now be challenged in the High Court, as Cohen has served the registrar with papers relating to an application for Judicial Review.

More from Silicon here.

As I've stated before, I can see why Mr Cohen is upset - he quite legally purchase the domain name back in 2000 - before Apple launched iTunes - but as discussed here, there's more than one side to any story.

But who's right? Does Nominet have the authority to do what it has done, or is it a hollow, powerless entity as Cohen believes? Let us know what you think the upshot of the case will be in our ever popular News Discussion Forum.
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