Bad Girl trademark saga

I rolled my eyes when I heard that Jenny McCarthy has a new TV show (I've always found her unfunny, rude, and arrogant) entitled The Bad Girl's Guide , however it appears that a company in San Diego is rolling their eyes a little bit more. According to Trademark licensee sues author over use of 'Bad Girl,' Platypus Wear Inc. has been making and licensing clothing under the "Bad Girl" name and mark since 1989. Cameron Tuttle authored a series of books called "Bad Girls Guide," such as "The Bad Girl's Social Whirl" and "The Bad Girl's Guide to the Open Road" (first published in 1999.)

Platypus was OK with this initial trademark usage, as books are quite different than clothes. Platypus has not allowed Ms. Tuttle to obtain a registered trademark of her own, and has raised a stink each time Ms. Tuttle has tried to apply again or use the mark on clothing. According to the article:

Tuttle sought to trademark her "Bad Girl Swirl" name in 2001, but was denied after Platypus protested, according to the suit. A subsequent appeal was denied, and Tuttle has tried unsuccessfully to trademark the name six other times.

Platypus was OK with this other trademark usage, and it would appear to anyone that books and clothing are different goods- and the marks are different. However, now that UPN has picked up the show, Ms. Tuttle is again selling shirts with "Bad Girl's Guide" on them. It should not come as a shock to her that Platypus is unhappy, and rightly so. The two sides have a 6 year history of Platypus trumping the trademark rights and use of Ms. Tuttle, except books.

Platypus earns approximately $50 million per year licensing this mark. If I were Ms. Tuttle, I would settle with Platypus ASAP, because this could be a long drawn out (EXPENSIVE) fight that she will have a really tough time winning.