Domain inquiries : I see you are not using your domain

One of the biggest arguments in domain ownership is what constitutes “use”.

To the average visitor that simply types in a domain name, “use” of a domain is synonymous to displaying some type of content.

As long as there is a web page that displays something other than banner ads, then the common perception is that the domain is being used.

Obviously, clever placement of ads alongside minimal content – while technically not developed – can fool many visitors into thinking that a domain isn’t parked.

In cases where a UDRP case is filed and the panel comes to examine the use of a domain, domain parking constitutes fair use, as long as there is no trademark infringement and no links of competitors show up. Other than that, to make money from domain parking, is a perfectly legitimate business.

Some inquiries that I receive include in their opening statement this phrase, or similar:

“I see that you are not using your domain name.”

Regardless of the existence of an offer or lack thereof, this assumption brings the email one step closer to being deleted. A domain that can seemingly be unused, can serve many purposes that fall outside of the narrow mindset of some inquiries.

  • It can be a temporary placeholder until a project commences.
  • It can serve as a private portal for email or FTP functions.
  • It can exist in memory of something or someone.

Personally, I discount such claims of “non use” by making it clear that the domain in question is awaiting its turn to be developed. There are many reasons why it’s impossible to develop hundreds of domains at once, the most obvious being lack of time. Things happen on my own time and dime, and assumptions of “non use” are quickly brushed off.

Always provide a statement of use when an inquiry comes along. It helps establish a base value for the domain, which is an investment asset – not a Facebook page that requires a wall full of activity to prove its value.

Comments

  1. What “statement of use” you use?

  2. Mike – It’s a general reference to opposing a claim of “non use” with a statement of use.

    “But you’re not using it.” – “Yes, I am using it.”

  3. but he is probably only a poor chinese student.

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