Here is the situation. A client of mine for a local business wants a certain domain name for there site. Said domain is already registered and is parked. When performing a whois you find that it is registered by another local computer/web design company. The domain is using the name of the business that I am working for. Is there any way to get this domain?
Tell him to try emailing the company who owns the domain and explain the situation. Offer a cash reward for the domain. Don't threaten legal action, since people usually don't respond well to such things.
If your client has a trademarked business name, and that name is used in the domain URL, he might be able to start a dispute with ICAAN http://www.icann.org/udrp/#udrp However, if your client's business does not have a trademarked name*, you could simply offer to purchase the domain from the other company. * your client should speak to an attorney who specializes in trademarks, and, ideally, internet law to determine whether this would be worthwhile to pursue.
I'd do what tenfourstudios suggested, especially if you imagined yourself being that computer/web design company and you suddenly got a legal threat from someone claiming you're possibly infringing their trademark rights, if any. Now if the other party doesn't respond, then go ahead and seek legal advice. Just expect the worst, which is being out a thousand or so bucks and still not getting a favorable decision. Just remember that respect goes a long way. Even today.
The trademark has existed since the late 70's. No one at the business knew it was registered until this week.