I learned the hard way.. this is not about justice but about what one can spend. If they want they can go after it, make the other party pay so much that they will clearly have no interest fighting it.
I went to court on a TM case few years ago. Before the first hearing I already spent 20k. Needless to say, the other company was a billion dollar co. and I realized there's no point fighting anymore, and we settled. They got what they wanted.
For me, 20k was allot. For them, this was probably just another fun day in court.