This probably is a question for the attorneys out there. In trademark law, it is not a good thing to

wait until infringement is so pervasive that success in litigation would create an absolute windfall.

I don`t know much about patent law and only enough about trademarks to be considered stupid, but one of our local purveyors of justice should be able to answer.

...off to find the perfect old rotten grapes in a bottle for Easter....of course, I must taste many to find one.

John