Right to Website Domain Name of Trademark in California

[2momo123]

My question involves the state of: California

I have a LLC company, and it has been for about 10 years. There are no other companies or businesses in the USA or the world that have the same name. (that I am aware of, or can find online.) My Company name consists of multiple words, and I own the following two formats for it: word1-word2-word3.com and word1word2word3llc.com (Replace each word# with the word in my company name eg. My-Happy-Apple.com) But the man who owns my actual company name without any hyphens or "llc" at the end, my actual LLC name, has the domain name for a website, and refuses to sell it to me. Yet he doesn't even have content on the site, and hasn't ever. My LLC was registered before he bought the domain name. Is there anything legally that I can do about this, in order to gain control of the website domain name, or is it his right to own the domain name of a registered LLC?

[Mr. Knowitall]

If he's not using the domain at all, he's not infringing on your rights.

If he is using the domain, questions are raised including (a) for what trade or service, (b) whether or not there's an actual conflict with your mark, and (c) what type of mark we're talking about (common law, registered state trademark or registered federal trademark.)