Competitor Has Our Product Name In Title Of Website - Need Advice?

[Chuck]

Basically, whenever you search our product name on Google, our website is the first to come up. The second result, though, is our competitor's product. He's got our unique product name in the title of the website, to make it come up when you search our product. It's very irritating, as potential customers may accidentally click the competitor's page by accident.

We, however, don't have any trademark on our product name. Would we be able to get the competitor's website removed from when someone searches the search term (since they're not selling that product, but a different one)? If not, would we legally be able to do the same thing back, having their brand name on our website? They have a trademark, unlike us.
Forgot to mention: If we do apply for a trademark, will they have to remove the name from their website?

[Jake]

Without a trademark you he no legal grounds, they could just as easily accuse you of exploiting their domain name.
Have you looked up the name creation date to see who came first?
http://www.networksolutions.com/whois/index.jsp

Typically major brand names aggressively defend their trademarks, I have heard that Ebay automatically sends a cease and desist order to any new site domain containing their name.