Here's some interesting info on trademark utilization:
From the Trademark FAQ:
4. How do I use trademarks grammatically?
A trademark or service mark is always an adjective - never a noun or a verb
- and always begins with a capital letter. Trademarks are proper adjectives, since
they identify the specific source of the trademarked products or services. In the
following example, Tru-Flite is properly used when it acts as an adjective
modifying the noun arrows and is improperly used when it acts as a noun:
Proper: Tru-Flite arrows always hit the target.
Improper: Tru-Flite always hits the target.
5 Are all these distinctions really necessary?
While these distinctions may sound like insignificant details, consider the plight
of Otis Elevator Company. Years ago, that company produced an advertisement with a
similar error in the copy, certainly a detail nobody deemed momentous at the time.
However, that one sentence in that one ad helped Otis lose its trademark:
Escalator. So now any manufacturer of moving staircases can call their products
escalators. You'll want to avoid making this costly mistake with your trademarks,
so if in doubt, err on the side of over-protection.
From the Real Lesson page: ("Water Time" is used as a noun clause in all
Water Time is for students who have successfully completed
our Ground Control class or equivalent.
All Water Time is accompanied by a coach on a PWC to allow coaching...
Do you need more Water Time?
("Ground Control" is used as a noun clause)
Ground Control is our most fundamental building block ...
Looks like the defendants shouldn't need a very expensive lawyer to get out of this one