#2 is kind of depressing: it doesn't even matter if we are in the right, because they have more money. Now, I don't know if trademarks need to be registered, a

#2 is kind of depressing: it doesn't even matter if we are in the right, because they have more money. Now, I don't know if trademarks need to be registered, and I'm not taking a position on whether this is valid or not -- but note that they specifically aren't saying anything like "we didn't register the trademark so it was fair game, oops". They're saying it doesn't matter. Is this actually how it would have played out? What's the point of having legal protections if the big guy can always squash the little guy anyway?