Sounds like it, I'd definitely get it checked out. The remote that came with my iMac opened Front Row on my MBP the moment I used it near the notebook.
But first this ... I check the Apple remote troubleshooting guide:
When you use the Apple Remote, make sure of the following:
You are using the remote within 30 feet of the computer.
You have an unobstructed line-of-sight to the front of the computer.
You are pointing the lens end of the Apple Remote directly at the front of the computer. Your computer is on and awake. The "Disable remote control infrared receiver" checkbox in the Security pane of System Preferences is NOT checked.
My MBP is on and awake, but it's in clamshell mode (closed lid) so is it possible that this causes the infrared receiver to turn off?