There is support for this view even from the non cynical: as Small notes in its preliminary injunction hearing memo, "the Restatement notes that "the doctrine of natural expansion has rarely been decisive in determining priority... When raised against a subsequent good faith user, the doctrine typically has been rejected on the facts. Some recent decisions even go further, explicitly repudiating the doctrine as an independent basis of priority. The policy justification for the ... doctrine as developed at common law has also been eroded by the statutory doctrines of constructive notice and constructive use ..."