I didn't mean that it benefits them equally, just that both players can accrue some benefits; vs. trademark which necessarily only applies to entities with a tr

I didn't mean that it benefits them equally, just that both players can accrue some benefits; vs. trademark which necessarily only applies to entities with a trademark. The consumer-protection aspect of trademark (preventing deceptive goods) is clearly not what this is about. It is using a thin layer of trademark veneer to force this into an already-rejected legal hole.