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That's something for a domain savvy PT attorney. I'd avoid it.
If it were my company, the first thing I'd do is notify Network Solutions and your provider with a takedown notice. I'd include my business domain with any copyright I feel I'm entitled (fictional names are protected), plus my statement in good faith that this is confusing to customers. More than likely, with the same name, business vs. individual, this would result in suspension. You have the opportunity to defend yourself, but you'd have to state that your site isn't infringing and wait up to two weeks for your site to be restored. If thecompany.com files whatever defensive lawsuit during that time you'd be down until that was resolved.
OTOH, protest sites using companySUCKS.com domains are common. Given the same site content you'd show up just as often in search engines, and you wouldn't run into the too-simple takedown problem. Registrars and providers are used to making exceptions for protest sites since they've stood up to legal tests. (The domain names, not necessarily the content. That could still land you in hot water.)
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There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195
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