Wow. Patents, trademarks and salesmarks really are the antithesis to the open-source arena. Where open-source opens a world of possibilities, these other concepts close those same possibilities.
Your lawyer and your trademark have no place in this world. If you believe that your patents will hold up here, then persist by all means but I say that in the same way that a father tells his child to go ahead and drink that entire bottle of rum—you will pay the consequences for your actions, becoming infamous in this world.