Agreed. I could see this being possible with a pre-existing trademark policy, and an explicitly different trademark for "test quality" code, and being very care

Agreed. I could see this being possible with a pre-existing trademark policy, and an explicitly different trademark for "test quality" code, and being very careful about it all, but otherwise I just don't see it. Trademark is to correctly identify the source of a good, and the source here is identified correctly. If it was creative commons licensed, they would be required to do what they have done. Not only all that, it seems like this is a bit strange that their complaint is that they called it grsecurity without using a blessed version, so their response is to stop giving out blessed versions publicly. Won't that just encourage more companies to do exactly what they are complaining about?