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HugeDomains.com (Dont buy before you read terms)

Discussion in 'Domain Names' started by dscurlock, Oct 13, 2017.

  1. #1
    I recently leased a domain from Huge Domains, and I am glad I did, as I found out later the name of the domain was trademarked, and if I had bought the domain, then the domain would have been useless to my niche, not only that, I would have lost quite a bit of money....

    I know better, but for whatever reason, I did not check the trademark on the domain
    before I went ahead and leased the domain from Huge Domains, and thus, I cancelled
    the lease, and probably will never use them again; after all, who really reads TOS?
    I bet you when you signed up to DP that you did not bother to read the terms....
    and I would also bet that 99.9% of web users ever read the terms, and this is how
    Huge Domains preys on your ignorance, and once you are caught up, its too late....

    Why would a legitimate company hide info so useful concerning trademark deep
    in their terms of service page that know one really reads to begin with? This is
    not by mistake; this is on purpose, why? more money for them if you are ignorant...

    Is this the type of dirty business you want to run? Huge Domains could easily put
    something about trademark on every-single domain page that they sell, however,
    what incentive would they get from being honest? If you think about it, bad for
    business to deceive clients, and future clients, so you keep my $100, as it
    will be the last dollar you will ever get from me!

    Huge Domains should be educating their clients, not hiding this info deep on the
    terms page, then capitalize on it later by saying "you should have read the terms..."
    only a dishonest company with full intent would pull this crap....

    Another lost customer,
    I can not trust any company that conducts
    business in this deceitful manner....

    Huge domains complaints
    Huge domains scam
    huge domains review
     
    Last edited: Oct 13, 2017
    dscurlock, Oct 13, 2017 IP
  2. Jordan[H4Y]

    Jordan[H4Y] Greenhorn

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    #2
    Really interesting, Do you think that they knew it was trademarked? Could it have been an honest mistake on their end?
     
    Jordan[H4Y], Oct 13, 2017 IP
  3. dscurlock

    dscurlock Prominent Member

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    #3
    absolutely not!!!

    according to them, they do not check trade mark, and their indication is that they do not care.
    It is their intent to leave this responsibility to the avg joe that normally does not read TOS, and it
    is just 3-4 lines to say, they do not check trademark or bear no responsibility, ie: no refunds....

    Even if they did or did not know is no excuse, as they have the means to post a trademark
    disclaimer at the top of every domain/page that is listed, however, they do not!!!!

    They know for a fact that any domain they sell could be a potential trade mark issue, however,
    if they would have posted a trademark disclaimer at the top of every page, then I would have
    certainly checked before leasing the domain, then I would have not leased the domain....

    my guess is that this is not an isolated issue; why would domain providers check for trademark?
    after all, it is not illegal to have the domain, and only becomes a problem when the person
    using the domain becomes trademark infringement, and this is why i quickly gave it up....

    by not informing avg joe buyers upfront, they are hoping to make profit off of your
    ignorance, and I have should known better as I have been around for a few years.
    I am just glad that I did not pay the full price or I would have been screwed....

    They are certainly very aware of what they are doing....
    no mistake about it....
     
    dscurlock, Oct 13, 2017 IP
  4. Jordan[H4Y]

    Jordan[H4Y] Greenhorn

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    #4
    I am extremely sorry to hear this. I have nothing good to say about companies focused on squatting on domains, this just goes to show how much they really do not care.
     
    Jordan[H4Y], Oct 13, 2017 IP
  5. dscurlock

    dscurlock Prominent Member

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    #5
    Someone filed something on Rip Off Report concerning huge domains saying that he waited years
    for a domain to become available, and before he could turn his head, huge domains grabbed the
    domain, then listed in their marketplace. When you have companies like this grabbing up
    potential high value domains, then it kills the chance of up for grabs....

    not even a day or two after I canceled the contract; huge domains sent me an email
    trying to sell me on a 2 year contract compared to the original 3 year contract....
    and sure enough, after visiting their page, they have reduced the price....

    (even after I sent them an email concerning the trademark) The domain
    is still available for sell! They do not care, and they hope the buyer does
    not catch that there maybe a trademark issue if they use the domain in that niche....

    approved and allowed by the US Govt that wrote the rules on
    cyber-squatting, and that means the govt does not care either....
     
    Last edited: Oct 13, 2017
    dscurlock, Oct 13, 2017 IP
  6. Jordan[H4Y]

    Jordan[H4Y] Greenhorn

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    #6
    I have a domain name that just has my name, saying I am the only person with my exact first and last name I was surprised when HugeDomains bought it and are now trying to sell it to me for $4000 when I forgot to renew. It is really sad, nearly all LLL.com domains are squatted on.
     
    Jordan[H4Y], Oct 13, 2017 IP
  7. dcristo

    dcristo Illustrious Member

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    #7
    Lease a domain? What an absurd idea. You're just developing a web property and increasing its value for someone else. Either a domain name is good enough to buy or it's not.
     
    Last edited: Oct 13, 2017
    dcristo, Oct 13, 2017 IP
  8. qwikad.com

    qwikad.com Illustrious Member Affiliate Manager

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    #8
    @dscurlock are you sure you're not mixing the words "leasing" and "sale"? I went to their site and I don't see any leasing options. All domain names are for sale. Can you show where the leasing tab / option is?

    Looks like they have a solid returning policy (30-day money back guarantee). After all you were able to return that domain, you should be grateful. Some companies would care less to take it back.

    Also, if anything, their ToS is short, easy to understand and it clearly states: "HugeDomains is not responsible in determining whether the domain name(s) listed for sale infringe upon the legal rights of others. It is the customer's sole responsibility to research whether the purchase and use of a domain will infringe upon the legal rights of other entities and individuals, including but not limited to trademark infringement."

    So they do warn their customers from the get go that they, the customers, are responsible of any trademark infringement.

    You said: "Huge Domains could easily put something about trademark on every-single domain page that they sell". How would they know which domain presents trademark infringement and which doesn't? It's impossible to know unless it is specifically stated somewhere by the original owner that the domain name is trademarked. But that type of thing is never stated anywhere when a domain name is expired or dropped.

    Honestly, I think you are overreacting. I do not see any deceit in the way that company conducts its business.


     
    qwikad.com, Oct 14, 2017 IP
  9. dscurlock

    dscurlock Prominent Member

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    #9
    they sale domains for full price, and they lease them.
    So yes, it was a lease, and you will only get (assumed) refund
    if you pay full price for the domain, which does not make sense...
    so why not refund the leased amount within 30 days also?

    I am just telling you how it is, so if you want to defend corporate
    america, then that is fine by me; all I am saying is trademark info
    should be on every page, why hide it on a page no one really reads?

    Trademark infringement is a big deal dude, so why bury this very
    important info that should in fact be listed on every domain/page?
    oh wait, there is no refunds on leased domains, so if it takes you
    six months to realize there maybe a trademark infringement, then
    you will lose your entire domain invest since the domain may
    be of no value if you are in the same niche.....

    that is exactly why they do not issue refunds on leased domains,
    they are clearly betting you have not read the terms that no one
    really reads to begin with; mo money for them...

    It should be fair across the board...If they offer 30 day refund
    for full price domains, then they should offer 30 day refund for leased domains....

    1: they should offer 30 day refund for full pay and leased domains.
    2: they should post a trademark infringement warning on all domain/pages.

    I wonder how many people actually lease a domain, then realize later the
    name is already trademarked, then they cant get a refund; I would
    certainly bet more then you think, and do I think it is misleading by
    not making this infringement warning so people can easily see it...

    Yes I do...

    Huge domains could save people time, and prevent a lot of backtracking
    if they just post a warning at the top of each domain/page. Would this
    have saved me time? It certainly would have, I would not have leased
    the domain, and continued to look for something that would work....

    (it is not about saving me time; they could care less if I lost time, and
    have to do backtracking now, as it is more about money ie: no refund...)

    It does not matter if you agree with me or not; all I am saying is, if you
    plan to buy or even lease a domain from them or any domain provider...
    (now you know...)

    I certainly would have been grateful if I had a pre-warning about them....

    This is nothing more then a sneaky play, so they get $100 here,
    $100 there or more from unsuspecting buyers, so they may figure it
    out in the first 30 days, or they wont, either way, no refund...
    (this is the type of play that dirt bags make...)

    so I must be over-reacting, sure, that must be it...

    and where did I say they did not? It is not very responsible of putting
    trademark info in terms that most never read, So why not list this
    information clear enough that every potential buyer can see? and the
    only way to do this is list it on every domain/page that is forsale or lease...

    The only reason to hide this info on a single area of your entire site
    is on a page that no one reads, and for them to make more money...
     
    Last edited: Oct 14, 2017
    dscurlock, Oct 14, 2017 IP
  10. sarahk

    sarahk iTamer Staff

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    #10
    I'd have thought trademarks have a limited scope.

    I couldn't buy nestle and create a food brand but would be allowed to use it for the name for a forestry project, mechanics workshop, space research etc.

    To say nobody can ever use a domain seems unlikely therefore the company has every right to try to market it.

    What is dodgy is when they've selected it purely to squat, or buying a carelessly dropped domain as per @Jordan[H4Y]
    That's opportunistic.
     
    sarahk, Oct 14, 2017 IP
  11. dscurlock

    dscurlock Prominent Member

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    #11
    for the most part, you can use a name as long as it is not in the same niche...So lets say you did
    a trade mark on Health Mart, I would not be able to file a trademark on Health Mart USA if it
    is in the same niche/market, or if it will confuse consumers, even if
    healthmart(dot)com was available, then it would do me no good
    if that is the niche I was in; I would have to come up with a different name.

    You would not be able to use nestle to any degree at all as it would be considered
    a famous trademark, it would not be allowed, even if your product had nothing
    to do with nestle at all because it would be a famous trademark, and they would sue you....
    so NestleDogPopBusiness(dot)com may not go over very well, and you could be sued....

    a couple days ago, I read a trademark brief that this restaurant used some type of
    famous designer name for their restaurant, even though two complete different niches...
    it was not a good idea, as this confused people into thinking that the restaurant was
    owned by the actual designer; they were sued, and when they renamed their
    restaurant to a similar name, then they were fined millions of dollars by the court....
     
    dscurlock, Oct 14, 2017 IP
  12. sarahk

    sarahk iTamer Staff

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    #12
    It's not unreasonable to think a celebrity might own a restaurant - many do.
    However, if that same celebrity's name was linked to a tractor engineering firm people are less likely to be confused.

    I'd be looking at the intent to mislead on the part of the user before passing judgement. If they can completely justify the use of the name, that there were no other suitable names available I'd be less concerned. I'd be wanting to ensure the visual branding was completely different.
     
    sarahk, Oct 14, 2017 IP
  13. dscurlock

    dscurlock Prominent Member

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    #13
    yes they do, but in the case that I mentioned, the restaurant decided to use the designers name
    without their consent, so when people went to eat, they thought the restaurant was owned by the designer...
    (so the restaurant was misleading people to think the designer owned the restaurant...)

    You have to understand how getting a trademark works; It has nothing to do with how you justify anything, as the trademark
    office will look at many factors, and take as long as six months - year to complete the process. Even if the trademark
    office makes a mistake, then you still can be sued if someone is claiming you are infringing their trademark; Even if your
    trademark is not approved, then you still lose all the money you paid to your trademark attorney....

    If you are going to pick a name, then make sure it is completely different, and search the USPto site,
    and if anything comes up related, or even similar, then you need to take a real hard look...take the term
    "enforcer" for instance, if you look up this term, then you will see many trademarks on "enforcer" people
    trademark this term for batteries, fire extinguishers, gaming, computer software, firearms, so if you were
    to file a trademark on something like The Gun Enforcer, then the trademark office may think your name
    is too similar to an existing trademark on the books, and most likely would not be approved....

    Even if your trademark is approved, then you still may not be off the hook; If another person was already
    using the trademark before you, then they simply could challenge your trademark with the trademark office....
    if they are able to prove they have been using the trademark, then your application will be denied....

    trademark infringement cases are very expensive, most attorneys charge $250+/hr and can get expensive
    really fast, and most of the time, the lawsuits you see are from corp vs corp that have big money, and
    sometimes it can depend on if you have more money then the other guy or if he has more then you....
     
    dscurlock, Oct 14, 2017 IP
  14. sarahk

    sarahk iTamer Staff

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    #14
    We are in agreement on the restaurant case
    and maybe in the USA trademarks work differently to down here - you pay for the trademark in a particular industry, and again for each additional industry. Then you look at the countries that you also want cover and start the process over again.
     
    sarahk, Oct 14, 2017 IP
  15. dscurlock

    dscurlock Prominent Member

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    #15
    in that case, you fee pay a fee for additional categories, and trademark office covers alot, so there
    is probably nothing you can think up that they do not already cover. so if you had a name that you would
    like to trademark, and it could fall under multiple categories, and for each category, there would be a fee....
    in US dollars, it would cost approx $800-$1500 for a trademark (depending on attorney costs & fees)
     
    dscurlock, Oct 14, 2017 IP
  16. MagdaS

    MagdaS Active Member

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    #16
    Once the DN is trade-marked, noone is entitled to re-past CU.
    This is the LAW.
     
    MagdaS, Oct 15, 2017 IP
  17. lyhiz

    lyhiz Member

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    #17
    good to know
     
    lyhiz, Oct 20, 2017 IP
  18. petr_ind

    petr_ind Notable Member

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    #18
    Thanks for the warning.
    I usually choose reputable company to buy domain.
     
    petr_ind, Jan 4, 2021 IP