That's a gross misunderstanding of the Constitution. Some very simple searching lands you at this page, which has some helpful information about trademarks, how to pick one, and how to enforce it. Properly enforced, trademarks are a source of financial stability for entrepreneurs, and it is entirely in the realm of the US government to regulate them. http://www.uspto.gov/trademarks-getting-started/trademark-ba...

Intellectual property is still intellectual property, even if a non-profit is using it. Your argument would allow any nonprofit to use the trademarks of any business in the United States, which is clearly neither good for entrepreneurs nor legal.

Nonprofits are typically engaged in commercial activity.

If this comment isn't a troll, it's epsilon from it. We don't need to litigate the Constitution; a simple Google search for [trademark noncommercial] will suffice.

> Non-commercial use cannot be prevented, except if that use harms the distinctiveness of the trademark

That is clearly the case here.

Clearly not. HyperTerm is a portmanteau of the underlying tech.

> portmanteau

a large trunk or suitcase, typically made of stiff leather and opening into two equal parts.

You missed the next one:

>consisting of or combining two or more separable aspects or qualities.

I recommend the Wikipedia article [0] as well. Here is a snippet:

>A portmanteau (Listeni/pɔːrtˈmæntoʊ/, /ˌpɔːrtmænˈtoʊ/; plural portmanteaus or portmanteaux /-ˈtoʊz/) or portmanteau word is a linguistic blend of words,[1] in which parts of multiple words, or their phones (sounds), and their meanings are combined into a new word.[1][2][3] The word "portmanteau" comes from the French for overcoat stand (porte manteau), where many coats may be placed on top of coats that are already on the stand, which continues to function as a coat stand.

>A portmanteau word fuses both the sounds and the meanings of its components, as in smog, coined by blending smoke and fog,[2][4] or motel, from motor and hotel.[5] In linguistics, a portmanteau is defined as a single morph that represents two or more morphemes.[6][7][8][9]

[0] https://en.wikipedia.org/wiki/Portmanteau

HyperTerm appears to be a Hypertext Markup Language Terminal.

Wait, are you saying that hyperterm is a criticism of or commentary on hyperterminal?

"criticism of or commentary on" != "criticism, commentary, news reporting and other forms of noncommercial expression"

No. Where did you see (or think you saw) me say that?