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The answer is multi-faceted, first and foremost is that "sex" is so generic that many countries will not register or recognize the US trademark, second the respondant lives in Korea where he is not subject to US laws, third since his site in effect promotes and sells items that are subtantively differentiated from the sex.com site he has the ability to claim that his site promotes something not the same as sex.com and therefore is not infringing on the complainants mark. My personal opinion is that this is an unenforceable case of infringement as the services are closely related and the sites are in the same field.
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