1. Lookup the Universal Domain Resolution Policy (UDRP) it's an ICANN mandated process that applies regardless of country.
2. There are plenty of opportunities using new names that aren't existing businesses or super generic terms that apply to almost anything. Besides you'll be better off with that strategy in either case as you open yourself up to more potential buyers that just one company.
3. If they weren't willing to pay $9 to register their name before you came along why do you think they would buy it from you for more exactly?
1. Maybe they no need a website
2. The registering name doesn't mean you doing something wrong yet. Maybe they don't have registered trademarks etc.
3. I think negotiating is always good even before doing anything to check if You can do anything .