No. A goods/services provider has "common" trademark protection in the US even if without a registered mark, so this usage is not "within their right."
http://tcattorney.typepad.com/ip/2008/06/what-are-common.htm...
http://tcattorney.typepad.com/ip/2008/06/what-are-common.htm...
Are you suggesting there is a simple resolution to this set of law conflicts, and the answer is "it's not okay"?