Business name question

Ok, a buddy and I are fixing to open a NASCAR Collectibles site. I thought of a good name that I'd like to use.

I did a trademark search and it's not registered, and the domain (.com & .net, etc) is available.

But...I found a store (not sure how big or small) in Louisiana that uses that name, but they don't have a site up, yet.

Now my question, if we trademarked the name, and bought the .com, can they have any say about it? We would rightly own the name, so in my mind, I don't think they could say anything.

Just curious of other people's knowledge on this.

From what I understand, If you have a ligitimate use for the domain name its not "cyber squating"

for instance:

I saw on the news where that pro wrestler "Sting" was taking some guy to court to get sting.com.
seems the guy had been called sting since highschool and had regerstered the domain.
Well, to make a long story short Pro Wrestler "Sting" was denied rights to the domain. The judge said Neither of the men's names were really sting and they both had reasonable reasons for wanting the domain.

Yeah, the name would be legit, and put to use as soon as we were sure we could use it. We tried to call the last number we found on the place, but it's disconnected.

They dont have a 'site' up. but a small page off another site, with their address, and the main site hasnt been updated since Nov. 99, so I can only imagine if the store even exists anymore.

We just want to be able to use the name with no hassles.

i say if it is there go for it, after listening to that thing about sting they can't do nothing to stop you once you got it and if they did you woudl get famous and get alot of publicity and that might even try and buy you out of it with alot of money. Good investment i say.