Legal Question in Business Law in New York

Re: Domain name

It depends. If you believe you have a valid trademark/tradename priority claim to the domain name, you can pursue your rights to the domain name. If you don't have such a claim, but just like the name and want it, you can approach the current owner and negotiate for the rights (i.e. buy ownership). You can also find out when the current registration expires and, if the current owner does not renew, you can "jump in" and register it in your name.

Re: Domain name

Even with a valid right to use the domain name, you may not be entitled to pursue an action requiring the current owners to transfer the domain name to you if those current owners have a valid right to use that domain name too. In this hypothetical example, New Concepts Company would have no recourse if they went to register the domain NEWCONCEPTS.COM only to find that the domain name was already registered to New Concepts Realtors. In a situation like this, the most productive action would be to contact the domain name owner to determine if they will negotiate and sell/assign the domain name to you.