Suppose that a person A owns a TLD domain(Top level domain) similar to the .com extension registered by another company in the United States Patent and Trademark Office. Suppose that the person wants to use the domain for a recently stated business.
Suppose that both sites are active in the same field and there are no other copyright infringements such as similarity in Logo or UI.
A's new business's scope of activity is national and nationwide and will not be international
A's domain: xyz.es
Other domain: xyz.com
If A starts a business with this TLD domain, can a foreign company owning a similar .com domain take over A's TLD domain by suing A in ICANN or any other judicial authority?