You're right, I hadn't thought of that. I still think going after a fork within minutes of its establishment for trademark infringement is in very bad faith, though.
And I think this is the crux of the issue with the trademark threats. They're going after these forks that haven't yet had enough time to signal intent to violate trademark, however pending it may be. You can say that they're just protecting their mark and that's fine and valid, but to do it within minutes of repo creation gives the uneasy feeling of them "dancing a mace in the air" to remind people who's the big guys on the block.