Are Fingerworks products essential public domain now?

[og_ts_user]

From my understanding of trademark law, the Fingerworks brand and logo are unprotected now because they aren't used in the marketplace. Also from my understanding of patent law, any patents required to make any Fingerworks products must have expired by now because they are older than the patent term. If someone wanted to reverse engineer the hardware and rewrite the software they could sell identical products and even use the same marketing, is that mostly true?

[The00Dustin]

IANAL, but even if that was mostly true, you'd potentially be going up against Apple's legal team if they didn't like it (regardless of whether or not any of their claims had any merit). Also, while it seems wrong to me and might theoretically be something that could be fought, Apple actually released several patents covering various functions that existed on the Fingerworks devices long after buying out Fingerworks and discontinuing their product and software lines. As such, those patents might even still be in effect.