Don't forget...95% of the planet population has no such 'first amendment'.
Simple argument FOR the right to use whatever word in a title of ANYTHING ON THIS PLANET should be....what came first....the word or the plaintiff with the cease and desist?
This is all a bullshit waste of the legal/justice system's time and energy.
I can even use the word 'patent' in a sentence to describe all of it....
Ask Steve Jobs why he chose 'Apple'.