you know what they say, to copy someone is the high form of flattery??? However, giving credit where credit is due if your going to copy someone.. You should be able to contact the Host of the site to shut it down.
As long as he isn't in the same area as you, he can use the name, there's plenty of landscaping/lawn care business across the country with the same names, it's not uncommon. Also, I used the same template on intuit, if you use a template like that, you have to expect others to have the same thing.
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