M2's owner Dave Escamilla sent us a statement after deadline emphasizing that his is a "federally-registered trademark, brand, and core corporate identity." "For a major conglomerate like Viacom to come along and steal our identity is not right," he charged.

Escamilla also took a swing at the 9th U.S. Circuit Court of Appeals, which previously refused to give M2 a cut of Viacom's revenues. A small shop battling a behemoth "is faced with a Hobson's choice" of either spending serious money on a suit or giving up its trademark, he said.

M2 Software is reviewing its options for rehearing. "We hope that, at minimum, we are raising recognition of the value of the trademark intellectual property rights of smaller companies," Escamilla added.