Community member nickname using my trademark

In 1998 I opened a business with single word name. The business continues today and from time to time I search the web for hits on the name to get an idea of how our marketing efforts are doing. A recent search included a listing from a dating/matching service member who is using the name as his "nickname". It is the only hit not related to me or my business out of several hundred.

I am concerned that the listing may cause an undesirable reaction from my clients and protential clients.

I have asked the host site to have the member select another nickname. So far, nothing has been done. I am trying to decide what more, if anything, should be done.

Is this a registered trademark? How is the member's use of the name in conflict with your use of the mark?

I have submitted the application for registration. I assume I have a common law trademark at the moment. No other company or entity was found in the US online search engine.

Your second question is what I am trying to determine. Allow me to use a hypothetical name, say, "Geowolph", for this example. I began using "geowolph" as my internet handle circa 1993. In 1998 I created a business entity named Geowolph & Associates and have conducted business under that name, and its short version "Geowolph", since then. In a fairly small but worldwide community I have a reputation, both personal and professional.

Now, in 2006 I find a listing at a site akin to "www.LetsDate.com" for someone nicknamed "geowolph". When prospective clients research my company they will also find this man's post.

I would prefer this listing not appear at all. So my first question is whether this constitutes an infringement.

It's impossible to determine that based upon a theoretical mark, and without knowing how it is used in trade. ABC Warehouse's mark doesn't infringe on ABC Television's mark, but Apple Computers and Apple Records have frequently litigated over infringement issues.

Well I haven't any hesitation identifying the businesses involved. I assumed the web site hosts (you, perhaps?) would prefer an abstract example. If it is acceptable to be specific, I don't mind.

What is appropriate etiquette?

If you can't describe how this person's use is in conflict with your common law trademark, there's probably not much to be gained by identifying your mark. Even assuming your mark is valid, if there's no conflict there's no violation. Is there any reason to suspect that this person has even heard of your company or service? Is there any reason to suspect that they're situated in a geogrphic area where you have used your mark in trade?