Discussion:
What is the name of your state? CA
If you go trademark and register a business name, then go get a .net domain, but the exact same name exists as a .com and it is just used as a "link farm", do you have the legal right to acquire it?
The .com owner did not trademark and register the name.
And it is not used as a commercial business.
Answer:
What is the name of your state? CA
If you go trademark and register a business name, then go get a .net domain, but the exact same name exists as a .com and it is just used as a "link farm", do you have the legal right to acquire it?
The .com owner did not trademark and register the name.
And it is not used as a commercial business. Not necessarily. Trademark holders can usually obtain a domain name if the other party registers it BECAUSE of the trademark, and then "squats" on it in hopes that you will buy it from them, or the other party registers it in order to drive traffic to his site by using your "goodwill" to confuse customers or websurfers.
It doesn't sound like either is the case here -- the site was registered BEFORE you obtained your trademark, and it is being used -- maybe not in a very efficient manner, but it is being used. Both of these things mitigate against your seizing of the domain name simply because you are a trademark holder.
Now, that doesn't mean you can't (or shouldn't) try -- you never know what might happen. But it does appear that your chances of prevailing under the anticybersquatting provisions are slim. Not impossible, but slim.
Answer:
What is the name of your state? CA
If you go trademark and register a business name, then go get a .net domain, but the exact same name exists as a .com and it is just used as a "link farm", do you have the legal right to acquire it?
The .com owner did not trademark and register the name.
And it is not used as a commercial business. You might try offering to purchase the name
Answer: