No. of Recommendations: 4
Right now they have (same-name).com address and another old one that links to (same-name) but the desire is to get back to the .org because of 501-c3 status.

The fact the domain name is NOT available is not a valid reason to not use the domain name. Using .org for non-profits is a convention, not a requirement. A .com name would most likely attract the most users AND be more likely to be sought first by the general public. As long as your organization maintains a reasonable quest to obtain the .org domain name (i.e. is your name trademarked or in any other way *registered*?). If so, you may be able to compel the name be transferred to you because of that *registered* name. All it takes is a letter to the domain registrar with proof of that registered name. I.e. if it is the official LEGAL name of the organization, that might be sufficient. Have the lawyer write it up, document it, and send it to the .org domain registrar.

Here is a link to a list of the gTLD from ICANN:

You may be able to also claim the .org name is inappropriate for the current owner because they are using it for purposes in violation of the .org policy--which Public Interest Registry established with ICANN as a Registrar (see the link).

Regardless, the domain name should ALWAYS be owned by the business and monitored by the hosting company. Renewals should ALWAYS be for the longest possible time (10 yrs) precisely to prevent this type of problem.
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