Legal issues using same or similar name in .com .net .org?

[mitchwill]

This is probably a common question but I coudn't find info on this.
If a person or business owns for example XYZ.com can I legally use XYZ.org even if it is a similar business? I want to register an automotive/car news type domain but someone has been sitting on this particular domain I want for years. Can I just add "The" to the front of this .com or is it safer to register the same name under .net or .org? This is driving me nuts because it seems all the automotive/car domains have been purchased by domain companies hoping to make a profit.
What exactly are the legal issues regarding similar names. Is it perfectly legal to use the same name in a .net even though the content might be similar. The problem I am having is that this person has been sitting on this domain for years and has never had any website of any kind. Would it be safer to register as a .net or just add "THE" to the front of this .com or maybe add "THE" to the front of this in a .net?

Any help is greatly appreciated. Thanks in advance.


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[aLeeOnline]

i dont think its a big issue if the other person is not having a site etc ... but pros will guide you better .. it was just my idea/opinion/thought

 

[SpareDomains]

if you are going to have a similiar site as the .com owner I would stay away from it not only for possible legal issues but I don't think you should build on any extension that you can't secure the .com for as well. I would find a name in .com that no one has, plenty of good tools out there to search for available .com domains. A couple of sites that you can search around for available names.

http://www.godaddy.com
http://www.whois.sc/