In light of the Panel’s dispositive finding on the issue of registration and use in bad faith, the Panel declines to address the question of whether Complainant has rights in a mark under Policy ¶ 4(a)(i) other than to note the well-established principle that neither a trade mark application, nor a registration with a United States state based authority, by themselves sufficiently confer a complainant’s rights in a mark for the purposes of Policy ¶ 4(a)(i).
...
Registration and Use in Bad Faith
...
Respondent’s registration of the <freshclothes.com> domain name predates Complainant’s first claimed rights in the FRESH CLOTHES mark, and thus Complainant cannot prove registration in bad faith per Policy ¶ 4(a)(iii), as the Policy requires a showing of bad faith registration and use.