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Domain Issue

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I misread what you wrote. I thought you meant they owned the other domain 3 years prior to yours. The others below are correct.
 
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Passing off and Confusion are your main problems in opposition of assumed/established rights.

Copyright, TM or Registered are not the issue here. IF they complain and your site is selling the exact same thing, on a very similar domain, they have assumed/established rights from trading. I'd say your going to lose, or end up spending to defend.
 
Thanks for all the replies, seems this could be the case!
 
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