Here is a place called "Twistys" in MA, looks like it has been there for 50 years.
So if they trademarked their name, before Shap, according to you GFY attorneys then this ice cream place should be able to sue Shap for trademark infringement. And guess what he would have a better case against Shap then Shap has against the guy with the tv shows and games because the ice cream guy could say that someone opening a porn site with the same name as his store tarnishes his tm. It's arguable, but he likely wouldn't win though. Most of you have no clue how tm law works.
On second thought, shap's font is kinda close to theirs and shap does mix in a lot of candy and stuff into his site.... lol.... ;) ut oh look out shap, twistys.com might turn into an ice cream shack if this guy comes after you ;) (j/k)