So if gmail or yahoo or hotmail or whatever, suddenly decided that your username is trademarked and "moved" your email, without notifying you or giving you a chance to contest the trademark infringement, you'd be ok with it? You'd sympathize with yourself but wouldn't be outraged with their actions?
I could only expect what they outline in their TOSes.
However, that said, mail is different in that mixing signals (email intended for me going into a mailbox now under control of someone else) might leave them open to liability, depending on what kind of information could be compromised). So, I don't think that would be a valid comparison.
Look, her basic argument was her data (content) was lost, then, learning it wasn't, revised the complaint to, my links are broken. That's moving the goalpost. That was my main point.
Correct me if I'm wrong, but trademark law does not come into the picture here at all. It's a name collision. Resolution of such are generally relegated to site operator.
No one is claiming she's infringing on their trademark, as far as I know.
