The IPKat has discovered from ZDNet that teenage dotcom millionaire Benjamin Cohen has given up his fight against Nominet, who ordered him to transfer the itunes.co.uk to iTunes. Cohen failed to convince Nominet that he had innocently registered the domain name and, instead of using Nominet's in-house appeal system, Cohen applied to have Nominet's decision judicially reviewed.
The judicial review action was dismissed in July since Cohen delayed before bringing the action. Now Nominet has said that Cohen's company Cyberbritain.co.uk has formally abandonned all attempts to regain the domain name.
Nominet's company solicitor said:
"We always said you can't go running off to court before exhausting the process you are complaining about...And a judicial review is wrong for this anyway — that is for complaining about government decisions — and we're not a government body."The IPKat doesn't think that this was how the case was decided. He thinks that the judge said that, in principle, Nominet could be judicially reviewed as, if it didn't exist, the Government would have to set up a similar entity. However, the IPKat hasn't seen a copy of the decision. If anyone can furnish him with one, he'd be most grateful.