iLounge.com tries to get iLoungeOC.com from its neighbor.

Here’s an interesting domain arbitration case in Orange County.

iLounge.com, a web site about iPod and iPhone accessories and software, started getting communications that were meant for a restaurant and bar also in Orange County called iLounge Orange County. The restaurant uses the domain name iLoungeOC.com. iLounge.com lost the case, as it was clear the restaurant was using the domain name for a legitimate purpose.

What was interesting about this case is that iLounge.com made many arguments that are the exact opposite of what you typically see in a UDRP. For example, in the arbitrator’s words:

Complainant contends that Respondent is not making any legitimate noncommercial or fair use of the infringing domain name and that it is clearly using the infringing domain name for a commercial purpose, namely offering, advertising and promoting Respondent’s business.

How often do you see a complainant saying the respondent is using the domain name for its business? Rarely, since that basically says it’s being used for a legitimate purpose. It’s not like the restaurant is anything related to its business, either. But the complainant argued that the restaurant might offer internet service, so it was similar to its content portal. That’s outrageous.

I also found the panelist’s wording about the complainant’s allegation that iLoungeOC.com was confusingly similar to iLounge.com interesting:

Complainant argues that when a registered domain name differs from a mark by only adding letters, it is considered to be identical or confusingly similar to that mark.

Read that again.

Perhaps it was unfortunate wording by the arbitrator, but who in the world would say “your domain is like my trademark, except it has more letters”. That’s like Apple Computer going after the owner of a fruit site ApplesinTexas.com because it’s Apple’s trademark with just “more letters”.

The respondent rightfully pointed out that the only confusion between the two brands is people thinking iLounge.com is affiliated with iLoungeOC.com. iLounge.com received communications meant for the restaurant, but the restaurant didn’t receive anything meant for the iLounge.com web site.

You can read the full decision here.

Company files continuation patent for domain name forwarding.

To most domain name owners, domain name forwarding is a basic function offered by domain registrars. Many registrars offer it for free. Simply login, type where you want the address to forward, and start forwarding the traffic.

Back in 1999 Network Solutions filed a provisional patent for domain name forwarding. It then filed for a patent – U.S. application Ser. No. 09/500,639 – in 2000 for domain forwarding. It was awarded Patent 7,461,334 in December 2008.

Earlier this month, the U.S. Patent and Trademark Office published Network Solutions’ continuation patent application 20090094379 for the same subject. The continuation patent was filed just before the original patent was approved.

It’s somewhat frightening that such a ubiquitous tool could be patented. Back in 1999 Network Solutions had no competition for domain name registration, so it was really the only company that could have conceived such a forwarding system at the registrar level. Other services existed that offered domain name forwarding, but Network Solutions’ patent seems to be based on a registrar-level system.

I await the day that domain registrars start a patent war. It will be interesting.

Non-profit launches new job site.

Domain parking revenue in the dumps? Worried that changes by ICANN will hurt the long run stability of your domain portfolio? If you can’t beat ‘em, join ‘em.

ICANN just launched a new job site that lists over 20 job openings. Positions range from Chief Executive Officer (to replace outgoing chief Paul Twomey) to Director of International Policy Development.

You can also profit from the introduction of new top level domains by submitting your application for Director, International Policy Development. Job requirements include a post graduate degree, 10 years of operational management experience, and a super power to overcome major headaches.

ICANN pays competitively, and it has one of the nicest benefits packages I’ve ever seen. Employees get a 5% bonus of their salary added to their 401(k) even if the employee doesn’t participate. By participating, an employee can get up to 15% of their salary kicked in. Not bad.

Revamped Domain Name Wire site design released.

About a month ago, when Domain Name Wire turned four, I decided it was time to make some changes. One of those was the site design, which was designed for a different era. I started working with Bradley of Site Graduate to refresh the layout.

Today I’m excited to launch this new design. Please take a look around, and if you discover any bugs and navigation problems please let me know. Here are some of the changes:

1. Wider format – the old design worked in browsers with 800px wide resolutions. But less than 2% of site visitors use browsers with this low resolution, so the new design is wider. That means less scrolling when you read.

2. Prominent RSS and Twitter links – wait, you mean you’re not one of the thousands of people who subscribe to the Domain Name Wire RSS feed? And you’re not following me on Twitter? Get with the program!

3. Category navigation – categories have moved from the column to a horizontal menu bar.

Again, please let me know if you discover any issues with the new design.

Recent auctions show that platform can deliver good prices.

I’ve been a fan of domain name auction platform Bido for awhile, even though I’ve had my reservations. My most recent complaint was domain quality. But Bido seems to be picking up the slack in that category. And a funny thing has happened as quality has improved: domains are starting to sell for “good” prices.

Just moments ago TechSupport.mobi sold for $540. As an outside observer of .mobi, I’d say this is a nice sale for the owner of this domain. Today.us sold for a very strong $2,409 last week. And nize.com sold for a solid $2,142.

Bido has tweaked the formula to enhance the community experience. It has invited industry professionals to join the web chat during each auction. It even had a video chat with Rick Schwartz during the Today.us auction, which no doubt affected the ending price for the domain name. (The domain was sold by Schwartz’s TRAFFIC business partner Howard Neu.)

It’s exciting to see a new platform starting to shake up the industry.