IT was material and placed in the filings last NOvember. Since then there has been NO legal issues in any filings related to trademarks. She apparently complied with TRTC to either fish or cut bait.......
She could still trademark it, but you can't take full control over a term that was already part of common tongue. 'Trifecta' would be a good counter as it didn't previously exist in the context it was being copyrighted. She has rights, no doubt. They just don't overlap with TRTC's product