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you can always check with an IP lawyer, but in my layman opinion - Yes a site owner can come after you even if they have not filed a tm. service marks and the like vest over time with use regardless of whether or not they are filed.
question 2- i think that depends if the mark is live or dead. technically though a mark ceases if the owner or assignee officially goes out of business and the mark is unused. need a lawyer for a better answer on question 2 fyi.
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