Big Ass company is denied a UDRP complaint at NAF

Complainant with a Big Ass trademark failed to prove “Identical and/or Confusingly Similar” although Respondent defaulted. This seems to be a trend with clueless Complainants and their legal counsels.

The domain name at issue was and was registered  on February 19, 2012. Complainant was Delta T. Corporation and the Respondent was Yang hui from China. The Complaint was submitted to the National Arbitration Forum on June 18, 2012. Respondent failed to submit a Response in this proceeding.

Complainant owns trademark rights in the BIG ASS FANS marks through registration with the USPTO as well as trademark registrations for its BIG ASS FANS mark with the SAIC. Problem was that the Complainant couldn’t pursue the Panel that the domain name  was “Identical and/or Confusingly Similar” to it’s mark “BIG ASS FANS”.

Complainant asserted that the domain name was confusingly similar to its BIG ASS FANS mark. The Panel noted that the disputed domain name contained the middle word “air” rather than “ass”. The Panel found this change to the disputed domain name to be highly significant since the other two words in the BIG ASS FAN mark appeared to be descriptive and the word “Ass” appeared to be the dominant portion of the mark. This Panel therefore found that the domain name was not confusingly similar to Complainant’s mark.

So the Complainant failed to prove at the first element of the UDRP and the Complaint was therefore DENIED.


About Konstantinos Zournas

I studied Computer Engineering and Computer Science in London, UK and I am now living in Athens, Greece. I went online in 1995, started coding in 1996 and began buying domain names and creating websites in 2000. I started the blog in 2012.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.