Bifalgorithm post · Property · The Complainant is not the owner of a

Trademark Rights

Trademark Rights (Property · The Complainant is not the owner of a) — "trademark or service mark registration for the word STING. It is, however, clear that th…

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  • The Uniform Policy recognizes rights in the mark STING under paragraph 4(a)(i).
  • The Uniform Policy is not limited to registered trademarks or service marks.
  • An unregistered or common law mark can be sufficient under paragraph 4(a)(i).
  • The Complainant provided no documentary evidence supporting ownership of an unregistered STING mark.
  • The relevant requirement is that the Complainant has rights in the mark, not necessarily that he owns it.
  • The Complainant asserted that he is a world-famous entertainer known by the name STING.
  • The Administrative Panel accepted this fact through the equivalent of taking judicial notice.
  • Accordingly, the circumstances support the Complainant's rights in the STING mark.
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Trademark Rights

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Property

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"trademark or service mark registration for the word STING. It is, however, clear that the Uniform Policy is not limited to a “registered” mark; an unregistered, or common law, mark is sufficient for the purposes of paragraph 4(a)(i). The Complainant did not provide any documentary evidence in support of his assertion that he is the owner of the unregistered trademark and/or service mark STING. However, the Uniform Policy is not limited to trademarks or service marks “owned” by the Complainant; it is sufficient for the purposes of paragraph 4(a)(i) that there be a trademark or service mark “in which the Complainant has rights”. The Complainant asserted, and this Administrative Panel through the equivalent of taking judicial notice finds, that the Complainant is a world famous entertainer who is known by the name STING."

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