That's where it would be nice to be able to counter sue for legal expenses, under the theory that the C&D lawyer is abusing his position as an officer of the co

That's where it would be nice to be able to counter sue for legal expenses, under the theory that the C&D lawyer is abusing his position as an officer of the court in writing a baseless C&D letter (thereby causing the target to have to hire a lawyer to review the issue). So even if this wouldn't happen that often, it would be something they would have to consider prior to writing a letter with baseless claims. Of course, being lawyers, they would probably put in some fine print that states that no legal threat is implied, or something like that.