Trademark and non-4G
Trademarks are industry-specific. Otherwise, Apple Computer would not exist. They were in fact sued for violated the trademark of Apple Records (Apple Computer one, with the agreement they would stay out of the music business. Which they violated, got sued again, and this time lost.) This company can call their ice cream "IPhone5" if they want, as long as they don't start making cellphones.
As for "4G"... I'd prefer a phone to not falsely call upgraded 3G technologies 4G (and shame on the ITU for basically saying "4G is whatever companies decide to call 4G".) There were data speed overlaps between 1G and 2G (CDPD over analog did about 9600bps, as did the original GSM and CDMA data). Latest-stage 2G and earliest 3G nearly overlapped (EDGE ran up to 220kbps, while UMTS started at just 384kbps.) So just because some 3G upgrade approaches the lowest-end 4G speeds does not make it a 4G technology. If your speeds and service are good enough, it doesn't matter what "G" you are running, but the fact of the matter is 4G technologies like LTE have a long upgrade path ahead of them while 3G technologies (like the HSPA+ that both AT&T and T-Mobile here in the US falsely call 4G now) are near the end.