Know-How Exchange : SEO/SEM

Can you use this situation to gain insight about the "competition"?
Can you discern that this new traffic is indeed not looking for your brand but is looking for someone else's brand and separate this new traffic and/or create a new landing page for this hopefully temporary situation?

Brand name is part of your trademark. I am not a lawyer, so talking witha trademaark lawyer might be good. But here is my $0.02.

First things first - do you have the trademark? Did you use the name first? If so, you could have rights against them. If they used it first, you might not have the trademark (and they may have rights against you).

Of course, consideration of how strong the trademark is matters. If the name is using regularly used words that describe what you do (e.g. "Broadway Used Cars"), the trademark likely is weak. If you are using a variation that allow people to know what you do without using real words (e.g. change "Cars" to "Kars" or "Karz"), that strengthens it some. Stronger yet is words that are totally unrelated to what you do (e.g. "Amazon" or "eBay"). So how strong is yours?

If you have the trademark and if their use of the name is getting them business from people who are thinking they are buying your product, you likely have rights. Likely first step would be a cease and desist letter.

But if they are sending people to you in searches due to their use of your trademarked name, not clear as to how this would go. They are not taking business from you and your trademark, and if anything are sending you leads (likely low quality, but still leads).

Send them a cease and desist notice via your legal representative as a matter of urgency.