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Originally Posted by BillyHoe
How long have you had the TM, I think if he's had it registered before you got your TM there's isn't anything you can do
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All you have to show is use of the name as a TM prior to the domain registration. If the name is a brand it does not matter they can't use it in the same business you are in. I believe they could however argue that this is a fictious name that you use and is not a brand. If they make no use of the name whatsoever you can go after them for cyber squatting. As Juicy said, probably cheaper to buy it directly than fight over it legally.