A patent or trademark is all but useless unless you have the money to defend it. And it takes BIG money. Burden of proof is on the plaintiff. All it's worth is hoping it makes some other little company tuck their tail between their legs and go away rather than hire an attorney or learn the rules. Even if you've got decent intellectual property, if a big company wants it, they will get it...patent or trademark be damned. The civil justice system is a plutocracy and it is the very rare individual or small company that comes out on top.
Individuals and small companies are far better off to just talk it over and move on than to get into patents, trademarks and lawsuits. The only winner will be the attorneys.
Take care,
Lisa