Litigation is about more than the legal argument alone, and the legal arguments often turn on specific facts that may seem general on casual inspection. Other factors to consider include cost, embarrassing facts that may emerge during discovery, and reputational damage. That's why cases are often settled on the eve of trial, sometimes for significant sums.

Getting a professional opinion on the options is generally better than just making assumptions. Copycats and rip-offs are a fact of life, but that doesn't mean they should enjoy free reign. It's not that I think litigation is better than execution, but people exclusively advocating the latter are expressing an opinion about how they think things should work in a perfect world while not having any assets of their own on the line.