He probably could have fought it THEN and won, as well.. (or rather, sucessfully defended his right to own the site, as it was, with no changes needed) but thats exactly the problem.. fighting it. DC has staff lawyers.. in fact, a whole, well payed legal department with countless disposable assets and the willingness to spend a lot more on such things... Often times with cases like this its not about the right or wrong.. its not about whether it COLD be fought, but whether it makes sense.
Nathan did exactly what he had to.. he has a family to worry about. the costs for ongoing trademark cases can easily top 30,000 a month, for just basic defenses (going by local patent and IP firms i've dealt with in nyc) during trial and tens of thousands while in the discovery phase before trial... Nathan had no choice, regardless of the validity of his defense... simply because companies like DC can afford to be the legal bullies.
As if court is ever won on facts :P (OJ? )
-Steve, former 98 TJ