http://www.icann.org/udrp/

Are you suggesting that you would force a legal battle to aquire the names from them after you incorporated?

i.e. your company name is EDRF12, and after incorporating you would demand edrf12.net and edrf12.com to give it up or "else"?

How long has this company been in business?

When is the initial registration for the .com and the .net (you can find this in the WHOIS)?

First come, first serve. It doesn't matter you have incorporated.

Not just that, if your incorporated business is regionalized, or the .com/.net not in the same industry, you will not get those names through ICANN or courts.

Absolutely, I run http://www.sitetutor.com and someone else http://www.sitetutor.net
There are no legal grounds on which I could take their domain name even though Site Tutor is a corporation.
However if you owned a trademark on your name that would be a different story. Not only could you prohibit anyone else from using your name, you are most likely to win ownership.
Btw I have no intentions of ever taking over sitetutor.net ... they are doing a great job there

nope...
PRECIDENT- They registerd the name first -
ICANN is not bound to the rules of US commerce.

If they registered a .COM before you became a corp, they have precident. You cannot simply find all the dot coms and then register corps in the name then take the name from them.

Some of the 'unspoken rules' to keep chances of name not being stolen
1. never tell anyone by EMAIL what your domain will be.
2. never tell anyone by mouth what your domain will be.
3. do not randomly type www.EDRF12.com (or whatever) in the address bar
--- bots and trojans do PRE REGISTER the name you are looking for ---
4. Verify your domain is available by going to a REGISTRAR,
--- register.com, GoDaddy.com, NetworkSolutions.com ---
5. Get it as soon as possible, EVEN if you have to PARK IT.

Trust me on this.

Methods: availability of English words are about totally gone.
You can however use -
Latin words
Made up words

Keep your name short as possible (easier to remember)
JimmysChickenShackAndGarage.Com will only be remembered by it's customers.
But Jimmys.com would be rememberd by everyone.

IF you have a long name. In print Mix case the name (as above) it helps.
All domains are no long case sensitive so it won't matter what they type.

hope that helps