Yes, someone was pointing it out. However, you are unlikely to be able to pursue damages if you don’t fight it for too long. Others could try to use that as precedent. Not a lawyer…
Discussion
Yes, that's what the doctrine of latches is about.
However a distinction with copyright, as opposed to trademarks, is you have a much better chance of suing new violators even if you have a history of unenforcement. With trademarks, you can easily, formally, lose your trademark entirely.
Ugh. Just make this POS go away.