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Quadrille - 8:16 am on Dec 28, 2008 (gmt 0)
Site A contains the "trademarked keyword"; site B does not. The searcher searches for "trademarked keyword", and is given Site B in preference to site A. That may not be an ethical issue for you, but it may be for the searcher, and it certainly is for Google. On a more practical point, unless site A has no SEO clue, there is no 'ethical' way that site B can conceivably come out on top in the serps. What you do is, of course, up to you - but be under no illusions that this is a matter of 1. Depriving site A of a visitor Whether these points are important is a matter of personal choice ;)
It all depends on your POV. If my product/service is interchangeable with "trademarked keyword" then I don't see an ethics issue.
2. Diverting the visitor from an expressed choice of site
3. Distorting the serps, potentially damaging users' faith in the SE.