That's not an argument about forging trademarks - it's an argument for respecting patents (if the Pessimizer manufacturers got one) or trade secrets (if they di

That's not an argument about forging trademarks - it's an argument for respecting patents (if the Pessimizer manufacturers got one) or trade secrets (if they didn't). You can make an argument for trademark law on the basis of sunk costs to develop an intangible brand with intrinsic value, as opposed to as a consumer protection mechanism, but this isn't that.