They can't use the DMCA, 'cause it's a *trademark* case, not a *copyright* case, growl, moan, whine.

(And yeah I know they might be able to use the DMCA *form*, and just cross out the part about copyright or something, but it still wouldn't be a DMCA notification! I know, I'm a pedant.)

My completely uninformed guess is that they filed the lawsuit just to get the Lab to return their calls, and it worked, so they took the lawsuit away again. :)