What you need to do is find out (2) things:
1. How long has that "irrelevant theFreshStore.com" been active? Before 2007?
2. Find out if the sneakerhead actually registered the trademark or is acting on behalf of common law.
Reason: A trademark automatically attaches itself when used in commerce; i.e common law trademark. If the owner of the "irrelevant" site was up and running prior to 2007, then the sneakerhead trademarked something that may already be technically trademarked. Something a lot of people don't realize about registering a trademark is that just because you register a trademark, even through an Attorney, with the trademark office it doesn't necessarily mean you are guaranteed the rights.
Now, if the trademark was never registered and is only bound by common law, it is only protected in the state of the place of business. If your business is in a different state then sneakerheads... There isn't much action he can take beyond scare tactics.
Bookmarks