I am trying to establish a reputable web-based business and the domain name is a very important first step. Unfortunately. A domain management company has registered it but it has never used it. Would it be possible for me to obtain these domains if I file for a business that uses that name?
Intellectual Property Law Attorney
A person is not a cybersquatter simply because he registers, but does not use, a domain name. There is nothing unlawful about that practice and, in fact, is a very good business practice for reputable companies who want to preserve future branding efforts or to prohibit a competitor's future branding efforts.
A person is only a cybersquatter if he registers a domain name that is, or is confusingly similar to, someone else's ALREADY-EXISTING trademark.
Someone has already registered the domain name that you want to use to name your business. So either buy that registration or pick a new name. Good luck.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Lawsuit / Dispute Attorney
That strategy will not work in this case. Your best bet is to make an offer to buy the domain from the current owner. Also, see the link I have provided below for other strategies. Best of luck to you.
Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. firstname.lastname@example.org. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.