UDRS - Unfair Dispute Resolution Service
Date: Tuesday June 21 2005, @01:14PM
Topic: Lawsuits and Judicial Decisions

Simeon writes "The fairness of Nominet's confiscation of itunes.co.uk is now being challenged in the English High Court in CyberBritain Group Limited v Nominet UK Limited

As illustrated by the itunes.co.uk case, once the respondent has submitted their response to the complaint, the complainant is permitted to submit additional material, but the respondent is however not allowed to respond to this. Fair? With Nominet's DRS domain resolution policy it is not even necessary for the complainant to have a registered trademark and it doesn't seem to matter if complainant's first use of their claimed mark post-dates the registration of the domain name.

Nominet even have the arrogance to acclaim to how they have refined their wonderful policy: See "Feedback from Nominet UK--Lesley Cowley".

Maybe UK Nominet wants the whole world to adopt their brand of fairness."

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nominate nominet for nominuttiness
by fnord (groy2kNO@SPAMyahoo.com) on Tuesday June 21 2005, @02:42PM (#15650)
User #2810 Info
The Nominet ICANN comment direct link is here [icann.org]. There have been similarily boneheaded ICANN UDRP decisions so they probably don't need Nominet to give them lessons. One hopes the court will show an ounce of sense and reverse this, but that might be dependent on Nominet's clickwrap agreement. Abandon hope all ye who enter here.

Hmmm, on further reading [timesonline.co.uk] the domain was registered just days after Apple applied for a trademark. On still further reading [uspto.gov], it isn't mentioned if that is a US or UK trademark, but the US trademark was applied for in 2001, almost a year after the domain was reportedly registered in 2000. The claimed first use was also in 2001. Perhaps someone can explain the Priority Date October 24, 2000 in Tess. Right now itunes.co.uk doesn't resolve. www.itunes.co.uk takes one to www.apple.com/uk/itunes/ [apple.com] Mebbe start an Apple boycott, particularily now that they're gonna go with Intel inside. How is think domain hijacking for a slogan? -g

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IP cuts both ways
by fnord (groy2kNO@SPAMyahoo.com) on Wednesday June 22 2005, @07:19AM (#15661)
User #2810 Info
Apple is now [appleinsider.com] being sued for its iTunes software allegedly infringing on an existing patent. -g
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