3 points
AFAIK you can only claim a trademark-violation if someone is (for example) selling stuff (so you couldn’t sell stuffed animals that look like an early Mickey for example).
3 points
A trademark just has to be “used in commerce as a mark”. In layman’s terms, that basically means distributing goods or services with it as a logo or a name. A stuffed animal could be infringement, but using something a logo for your software is much closer to the classic infringement fact pattern.
