[ the surest route to our common good]

In terms of mass media the Internet at 50 is barely out of diapers. Print,
on the other hand, is over 500 years old . But just because print is an
older media does not give a print publication the  right to barge into the
market and overpower a baby Internet brand just as it is learning to walk.
It is like taking candy from a baby.

Even through HWY111.COM publishes its content in a baby mass medium,
it is the "senior user" of the Hwy 111 Trademark. Whatsmore, it was the
only user of the mark for 5 consecutive years. According to trademark law,
this gives us a "claim of acquired distinctiveness"  and no junior user, federal
registration or not, has the right to bully their way into the market and use it
in a manner which is likely to or actually does cause confusion. If the
infringement results in the senior user being perceived as the infringer, then
the bully user is doubly damned.

The law makes no distinction between a small company that attempts to "palm
itself off" as an established brand and a a larger better financed company that
overpowers a smaller company with aggressive marketing. "The same evil  follows
from the opposite falsehood ...the principal that condemns one condemns the other"
reads the precedent. * 

Most decent people would not stand by and watch a bully steal candy
from a baby. Neither would they buy candy from that bully once they
knew how it was obtained. We would hope the grown ups in the valley, if  indeed
there are any, would take the bully out to the nearest woodshed and spank some
manners into him.

Suggested reading : On Philanthropy