Thread by @DamelonBCWS

I get the distinct impression that some Open Source people new to the field are confusing trademarks and copyright issues.

Trademarks are distinct and very much not against Open Source. They are a completely different tool.

Copyrights limit the use of tools: you are expressly prohibited from using or building on someone's work, thereby stifling innovation and invention.

Trademarks are about correctly labelled products, which allow users to verify whether it's OK.

You can make the same product, yet not be allowed to call it by the same name.

You can also create a better iteration, but still not be able to call it by the same name.

If it gains traction, the name is moot anyway.

There is a LOT of incentive to create a lesser product and use the name of the superior one. It is not hard to see how that is a bad thing for users: they will get a lesser experience based on false information.

That is one of the reasons why trademark law exists.

Consequently, creators are allowed to protect themselves from the negative fall-out such false labelling could have for them. And rightly so: the fall-out should go to the creator of the inferior product.

Trademark law prohibits the use of names and images that brands use to communicate their uniqueness. It's also very much tied to that uniqueness.

Trademark law tests whether consumers might be confused or not.

Hence, labelling a medical instrument X when there is already a toy company X around is usually not a problem.

However, labelling a new toy X will create a problem and likely a challenge in court.

Again, it is hopefully not hard to see how this differs from not being allowed to create a toy in the first place, because that's what copyright law can sometimes do.

It's this difference that explains why trademarks and FOSS get along.

I hope this explains briefly why trademarks can be enforced, even for FOSS projects.

More info: fossmarks.org