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Big Creek had no established reputation in its then non-existent mark when Respondent registered the armorbank .com domain name. In each of the cases cited by Complainant in support of its contention that using a disputed domain to misrepresent an affiliation with Complainant to attract and confuse Complainant’s customers is “indicative of bad faith registration and use” under Policy ¶ 4(b)(iv), the trademark rights of the complainants arose prior to the registration of the disputed domain names. The Panel considers that Complainant, represented by Counsel, must have known that its Complaint should fail to establish bad faith registration of the domain name.
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