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Looks to me how they have trademark to porntube.com ,not porntube(as that is too generic),so if dude would have different extension he would be safe,i believe.On his place i would do 301 redirect asap to save as much is possible traffic.Also in theory tube.com could sue porntube.com ,but again if porntube.com is trademarked already then such things is not an option.That is why is good to trademark your domain name before you start building serious traffic on it.
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