The UK High Court has rejected an application for Judicial Review brought against Nominet UK by Cyberbritain Group.

Cyberbritain - a company owned by Benjamin Cohen - had argued that Nominet lacked sufficient authority to act as regulator for domain name claims, saying the DTI had said Nominet lacked the authority to issue domains in the UK.

The judge noted that application for Judicial Review was flawed in "several respects, being both late and unnecessary given the right of appeal which forms part of Nominet's Dispute Resolution Service, which Cohen had failed to use", said Nominet.

Cyberbritain now has seven days from the date of the decision to apply to the court to for an oral hearing, otherwise the matter is closed.

The application arose from the case of the ownership of the www.itunes.co.uk domain name.

An independent expert appointed in that case decided that, by associating the domain name with Napster, which competes with Apple's iTunes service, and that by offering to sell the domain name for sums far in excess of its original costs, the registration of the domain name was abusive.

The expert ordered that ownership of that domain be transferred to Apple and the iTunes.co.uk domain name is now associated with their popular music download service.

Nominet's company solicitor Edward Phillips said: "I am pleased that the judge has rejected Cohen's case at the first possible opportunity, which leaves no doubt that it was without merit. We will now be looking at recovering our costs of defending this unnecessary action."