To the original poster.... how do you know the owner of the domain name isnt using the name in another fashion for commerce???
For example I owe a pizza place that sells special cream-sauce pizzas and I name my place Creamed Pies.... I put it on my sign I take out a phone book ad and then I buy my domain name
www.creamedpies.com but I never build my site.
You can try but I will bet you will spend at least $5000 in attorney, trademark and search fees trying to do what you want. It may work, but it may not. It will be a gamble.
Is the domain name worth the investment ?