Painkillers: Pussers vs. PKNY

Stumbled across this article today and thought I'd briefly highlight the legal issues that go on behind the scenes in the cocktail world.  Essentially the article describes the British Virgin Island's rum brand Pusser's and a well-known cocktail called the Painkiller.  According to Wiki, the Painkiller was invented at the Soggy Dollar Bar on the island of Jost Van Dyke, British Virgin Islands.  The drink blends dark rum, coconut cream, orange juice and pineapple juice, served over crushed ice and garnished with grated nutmeg.

Now the outcry seems to be over the heavy-handed approach of Pusser's to a New York-based bar called Painkiller (now known as PKNY).  In trademarking the name 'Painkiller', Pusser's have got their knickers in a twist over the fact a bar had the gall to name themselves after the cocktail and then use a different brand in the actual cocktail.  Trademarking cocktails is not a recent phenomenon and I can point to the Dark & Stormy (Goslings, Bermuda), Sazerac (New Orleans) and the Bacardi Cocktail as being good examples of trademarked/branded cocktails.  Were Pusser's within reason to enforce their trademark on the bar?  After having a look at the arguments for both sides, I would tend to side with Pusser's for the sole reason that if Painkiller (now PKNY) were to have used Pusser's as the base rum, then none of this would have come about.  I've now possibly risked the wrath of an entire Facebook page...