If I owned a popular clothing company website domain. (for instance nike.ws) and I didn't have a website on it, could I try and sell it to the company? Same with a band name. (would a fan site be okay?)
What if I put a website on the clothing company which sold their products through affiliates? I just don't want to get sued.
You should never approach a company to sell them a domain with their trademark - it can used to prove a bad faith registration. Using the domain to sell their products is trademark infringement unless they have granted you permission (which is rare). When most people talk about a "fan site" they plan to have it produce some type of revenue (adsense, advertising, memberships, donations for bandwidth, etc.) which make the usage commercial - and likely infringement. Even sitting on a domain can get you into trouble. http://en.wikipedia.org/wiki/Cybersquatting
This will result in Trademark infringement. Most of the time nothing will happen with the smaller companies, however for a compnay like Nike I wouldn't risk your luck.
You could always use the search function to read the dozens of other questions just like this that have been posted here at least 3 times a week However, as others have said, it could be used to prove bad faith registration. Quite trying to make money off these companys as they will end up making some off you, and maybe have a new house/car. I'd advise not having it parked, redirected, or anything, just have it sitting there, and let it expire.
Problem with contacting them is that there is some legal precedant that approaching can be construed as extorting. i.e. you only bought it to try and force Nike to buy it from you at a higher price. If you had a non-competing website on there and they approach you then they cannot ask the courts to force you to hand it over for free.
That can be true is some instances, but if you are dealing with a famous mark, especially a unique one like "nike" or "xerox" - then the protection is much more broad and any attempt to use the mark is going to be infringement and the domain can be easily taken in a WIPO action, regardless of if the domain is directly competing.
What about having a band name domain but in a different extension then their own. Would the same rules apply?
yes the same rules apply because most bands TM their names. even if they don't, it's clear the domain owner bought the name because of the band, which ICANN would consider "bad faith."
That's correct. The name is a trademark - the addition of a different extension makes no difference - nor does adding words into the domain name (there a few possible exceptions when adding words takes away consumer confusion i.e. trademarksucks.com)
I don't think most bands do get a trademark, unless they are national acts in which case they would be silly not to. If a trademark is involved, you should stay away from the domain with a few exceptions: 1) You are going to use the domain for a fan site. This can still have some risk, but if you are really a "fan" most companies are not going to bother you, since you are advertising and promoting for them. Some maybe stupid though, so you have to be careful (see next item). 2) Some people think you have to stay away from trademarks and brand names, but this is not true. You can contact the trademark owner and let them know what you want to do. If what you have in mind makes you some money, but also promotes them, then why wouldn't they let you do that? If you ask them, it shows respect and courtesy not to mention professionalism.