Okay I give you that. Of course it requires market and commerce, or it would be at odds with free speech. But I see how in this scenario this Orca may want to sell stuff later (like some OSS does these days) so that would be a problem for them.
But... how that makes it OK to go to collide with a venerable OSS project? Because Gnome won't sue? The scope of words that are not registered or considered these strong trademarks is still nearly infinite!
