I agree with Zachery. Even if it's not seriously damaging you, you should still get an attorny or something and send them a formal letter giving them warning before you take legal actions or sue them. Usually some just back off by getting a formal letter first, if they did not respond to that, then take legal actions. Also double check the dates or the time that your site and their site was released. If you could prove that your site was up before theirs, and that you could prove enough damages from them, then you could without a doubt cease and dissist, however, it would still be a little hard for you to do that if they haven't copied anything from you.
Good luck to you.
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