She therefore held that a domain name was not capable of coming within the definition of ‘goods’ in the 1977 Act.
Permission to appeal is being sought by Plant. The application for permission was initially reviewed by Lord Justice May on 21 February, 2006, when he remarked: "[In] the modern world of internet communication and activity, questions such as these are likely to arise often and may be of some importance generally. It seems to me at the very least that the question whether an internet domain name is capable of being converted is a question which is fit for consideration by this court on a more extensive and considered basis than is possible upon a single judge application for permission to appeal."
The application for permission to appeal, followed by the appeal itself (if permission is granted), is now being listed before a three-judge Court of Appeal, with a specific direction that at least one member of the court should have expertise in intellectual property. It is likely that the hearing will come before the Court of Appeal this autumn.