Since the trademark is still in the application process and not registered there is a possibility that the name may be used by another. If they had gotten the product out without the trademark, the Lanham Act in and of itself would have given the Appflix name some trademark protections. Getting the actual product out with the name and having it registered is the #1 best protection. http://www.avvo.com/legal-answers/can-i-bring-a-lawsuit-for-trademark-infringement-i-271029.html