Social network DIGG gets anti social (or trademark protection), which is not issued yet!!

I was checking out the new blogsearch engine Sphere, and noticed that one of the hot topics, was digggames, cease and desist letter to digggames.com, a site that lists flash games that appear on diggs. (He should have named it DIGGAMES.com). Anyway this seems to be the social discussion of the day. new facts come out like that digg does not have a trademark yet!
like this comment on shoutblog;

""Adam Says:
August 27th, 2006 at 9:28 am

Digg don’t have a legal trademark in the US, it was only filed for opposition on 8th August this year, that means ANYONE can object to it.""

Within the Shoutblog article is a sentense, that shocked me;
"At the extreme end, mashups would all be considered illegal, squashing all the creative juices that have made web 2.0 innovative and liberating."
Is this tyhe way web 2.0 going? I have seen many a mashups that shows creativity and brilliance. digg thrives on others creations and ideas, read the article on make you go hmm.com;
and you will find ananother view of the problem. I myself is not in the game of trademark stealing but now I am thinking protecting my own.
Anyway I hope this will not come to pass and we all need to learn something from it.