After months of legal fighting, Ben Cohen the David to Apple's Goliath has had to abandon his attempt to regain the domain name he registered before Apple.

The judge of a judically review, dismissed the case at the first opportunity, noting that Cyberbritain Group Ltd, Ben Cohen's company could have used the appeal process which forms part of the DRS, but had failed to do so.

Cyberbritain Group Ltd initially sought a further hearing, but has now withdrawn that request and dropped the case completely. It has also confirmed that it will not attempt to bring any further proceedings elsewhere.

The long standing argument over who was legally entitled to the domain has raged for months.

The spat started back in 2000 when Mr Cohen registered the domain name 10 days after Apple Computer had applied for a trademark for the name "iTunes" on October 27, 2000.

Cohen originally offered to sell the site in October last year to Napster but the offer was declined. In turn Apple then offered him US$5,000 for it but he declined requesting US$50,000.

Nominet, the UK internet registry, thought differently and found that Mr Cohen had made an "abusive registration" and ruled that the domain name should be transferred to Apple.