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Old 11-19-2010, 08:56 PM  
Odin
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Join Date: Jan 2004
Location: au
Posts: 2,545
No.

For a start the domains aren't even confusingly similar. There is a big difference between hotsex and sexhot, and both use common English words - so it's highly unlikely it'd meet the grounds of confusingly similar.

Secondly, if they set up their store before yours, and prove it was up before yours (this is the key, you may get lucky and they don't even file a reply to your UDRP claims), but if they do, and prove they had their store up before you had established a trademark through either through use or by filing for one, then technically they'd have more hope in taking your domain.

Remember use alone forms a considerable part of trademark law. So from the minute they start using their website they technically have rights over that mark. Just because you officially register a mark later on, regardless of whether you had the domain before hand (considering it was not in use) they still have more rights then you.

I've fought off a few domain arbitrations myself and successfully won them all so far. But like I said, a good percentage of people never even respond with a response.
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