> It's about one party at a time being able to use the same word as a brand within the same field. That may be how it shakes out practically, but it's importan

> It's about one party at a time being able to use the same word as a brand within the same field. That may be how it shakes out practically, but it's important to remember the motivation behind trademarks isn't to protect companies, it's to protect consumers from the confusion that ensues when two different entities use the same name. That may seem like a trivial distinction, but it can be important when evaluating a situation based on the spirit of the law. In this case, while the commercial entity may not want an open source project using the same name, that reuse is unlikely to cause confusion for consumers. However the merits of the case are largely irrelevant since a C&D on the part of the commercial entity would likely force a name change long before the courts were ever involved.