Maverick.au
New Member
- Impact
- 1
Hi,
I'm involved in another UDRP case with Volkswagen, details are in this thread "Volkswagen los UDRP against the domain my.gti.com" in this forum (sorry can't link as a new account).
I won the first case but they have relodged it as they have "discovered" two links to third party websites which were there for over five years and they have also noted the donation option (under $50 per year is donated). I don't get paid for these links nor any of the links on the website but this raises the question of what is commercial use?
In my case I spend hundreds of hours each year on the website, pay for hosting and pay for parts used in projects specifically for the website. Ignoring my time the actual cost of running the site would be around $1000 per annum.
A commercial operation exists to make a profit so income needs to exceed expenses. If I were to hypothetically derive say $990 in income and my costs are $1000 I'm making a loss so would this constitute commercial usage in a UDRP case?
Surely there is a difference between a site that has been parked and has advertising on there purely to make money from it and a site that is in use and has legitimate costs?
I'm involved in another UDRP case with Volkswagen, details are in this thread "Volkswagen los UDRP against the domain my.gti.com" in this forum (sorry can't link as a new account).
I won the first case but they have relodged it as they have "discovered" two links to third party websites which were there for over five years and they have also noted the donation option (under $50 per year is donated). I don't get paid for these links nor any of the links on the website but this raises the question of what is commercial use?
In my case I spend hundreds of hours each year on the website, pay for hosting and pay for parts used in projects specifically for the website. Ignoring my time the actual cost of running the site would be around $1000 per annum.
A commercial operation exists to make a profit so income needs to exceed expenses. If I were to hypothetically derive say $990 in income and my costs are $1000 I'm making a loss so would this constitute commercial usage in a UDRP case?
Surely there is a difference between a site that has been parked and has advertising on there purely to make money from it and a site that is in use and has legitimate costs?