This thread started as a discussion of Linux distros and trademarks. Perhaps I could try to return it there?
If a distro takes a release of Apache X, compiles it with minimal changes that adapt it to the environment, and distributes it, I believe that it's a fine thing for them to call it simple Apache X, and acknowledge our marks. If a distro takes a release of Apache X, and make significant changes to it, and then distributes it, I believe that it's not OK with us for them to simply call it Apache X. I've seen some evidence that Gentoo Linux makes a regular habit of this, because their policies drive them to make some pretty scary changes in some cases. Others may not share my view. Further, if someone takes a snapshot (small 's') from source control and starts from that, with minimal changes, I think that this would also be trademark-acceptable, so long as they accurately describe what they did. The operative concept here, as Shane has taught it, is 'confusion in the marketplace.' If some third party behaves so as to cause confusion as to the identity of Apache X, there's a trademark issue. If not, not.
