A timeline of the violations, created by Nagios, appears here. According to Nagios, dispute centered on the use of the name “Netways Nagios Konferenz” for a conference promoted by NETWAYS, regisration of the domain names nagiosforge and nagioswiki, and a registration of the Nagios trademark in Germany by NETWAYS.
Although the intersection of open source licensing and trademark use can be complex, this is not a particularly complex case nor is it particular to open source. The kind of domain name and trademark squatting described in Nagios’ timeline is not uncommon — particularly for international resellers and value-added resellers. It is also particularly troublesome in countries with first-to-file trademark systems, where it can be difficult to challenge trademark registrations if the distributor files before the developer. The use of Nagios in a conference name is a more complex matter for a trademark infringement claim than would be, for instance, the use of the name on a product. Classic trademark infringement turns on passing off one’s products as those of another, which requires the mark to be used in commerce to indicate the source or origin of a product. But the use of the trademark in a conference name can imply sponsorship by the owner of the mark, which is also an basis for trademark claims in the US.