I was just shared some partial information on an interchange that occurred between a representative of OSM and a 3rd party developer.  All round, due to the cooperation and response everyone benefits.

Of course the names etc have been removed, but enjoy this wonderful example of cooperation in part of the exchange below:

Currently you are distributing something labeled the "Joomla! ****" from the **** site and mirrored at Joomlacode.org. Unfortunately, the naming of this package is very problematic for Open Source Matters and the Joomla! Project because of the strong likelihood that users will believe that it is an officially supported release. ....  there is a strong likelihood that your users will believe that these are in fact Joomla! products and nothing on your site leads them to believe otherwise.  The steady flow of emails we get for **** support via the OSM contact form indicates that this confusion is fairly widespread.

So, what do we need you to do? ....For example, "***** Preinstalled on Joomla! 1.5.x" would be descriptive.

However .... First, we need you to add  prominent disclaimers to your site indicating that what is being downloaded is not an official Joomla! release, will not be supported or warranted by the Joomla! Project or Open Source Matters and that all support questions should be addressed to your team. Second, we need you to include this statement "Joomla! is the trademark of Open Source Matters, Inc." Also, the first use of the term Joomla! on each page should be accompanied by a superscript TM. 

and the reply:

thank you for your email. I fully understand that you want to prevent
confusion among Joomla! beginners. You also need to take care of the
Joomla! trademark for OpenSourceMatters and we at **** of course
respect it.

I have added a prominent notice at our downloads page
The **** will be renamed to "**** (with
Joomla! 1.5) and so will the package files be renamed.
The next release of this "bundle" (with J! 1.5.4) will include this notice
(that it's an unofficial release) too.

The Trademark notice was added to all pages on ****.

Let me know if it's ok now-
Best wishes!

How about that for community cooperation! Great work to the developer for setting such a fine example.