If we believe DM will file a suit prior to putting any mean ole copy cat "on notice," does that also mean the named mean ole copy cat will have had no knowledge of the potential infringment?

In other words, will Brand X have an opportunity to settle prior to a suit being filed?

My guess is the Sandisk (?) Dianna Ross and The Supremes rulling means no contact until the suit is filed. Therefore, inquiring minds will get a glimpse of what is going on, IMO.

John