"Aloof, why are you being so antagonistic? "
Actually, by pointing out a change in the answer in response to a change in the facts, Aloof highlights why the kinds of discussions on this board should not be interpreted or relied upon as legal advice.
In the real world, situations are more complex than can be summarized in a few words that someone dashes off when they have a spare moment at their computer. If you have a legal problem, as opposed to a hypothetical question, then there is no substitute for a consultation with a lawyer who can ask questions in order to get a full understanding of all of the important facts, including the facts that *you* probably didn't think were important to assessing your situation.
Absolutely, that makes lawyers seem pedantic, irritating, obsessed with details that "don't matter", and seemingly unable to answer a simple question with anything other than "it depends". Because usually the outcome of a real-life situation depends on a lot more than things like, "I didn't see it in the USPTO database, so that means there is no trademark, right?"
