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Trying to legally dance on the "head of a pin" and say you don't have a legal trademark because you haven't opened here yet MIGHT work (laws are sometimes strange) - but this would be time consuming and costly - and I don't see a way to make a profit from it even if you succeeded.
Thanks for the quick reply. I take the point on the legal nightmare. We always have to remember that there are 2 sides to costs, maybe it would be cheaper for a ladbrokes, william hill, betfred...... To just hand the domain owner a few thousand to buy the domain and go back to the office and kick the digital marketing managers backside for not registering it....