I'm not a lawyer, nor do I play one on TV, but it seems to me that the root of the problem is "trademark law" - if a name is trademarked and the trademark owner doesn't pursue others using the name (or nearly the same name), don't they then lose the protective rights of the trademark? A lot of the patent and trademark law seems like it rewards firms that hound others who might, even remotely, be infringing on their property, and punishes those who do not protect their intellectual property with a vengeance. I think it reached absurd new heights when Apple, who "patented" rounded corners on their iPad, went after other tablet makers for rounding the corners of their tablets.