The distinctions between the two is that of Trademarks vs Copyrights. Both are legal issues, but cover vastly different areas of interest. The Trademark laws are quite specific and there is extremely little left to interpretation. Copyright laws, on the other hand, are quite explicit, but are highly misunderstood; lending themselves to more controversy and discussion. All parties must protect their own interests and in a way that falls within the confines of the law; with an acceptable legally binding agreement (aka EULA in this case) that affords any party due protection and remedies. I think that this is the basis of much of the discussion on the Copyright claims and problems stemming from the EULA as it is presently published.