One of the things you get with trademarks is a right to license them. There's no law that stops Canonical from granting a trademark license to anyone who uses or depends on unmodified Ubuntu binaries.

Have they licensed it? If so no worries otherwise...

They will give you licenses if you ask, and those licenses are apparently non-sublicensable, making them basically useless for a free-software project.

https://www.reddit.com/r/linux/comments/3de41m/fsf_statement...

They may also charge for it.

https://twitter.com/marcdeslaur/status/623262991216214016

(both of these people are Canonical employees; unclear if they are speaking officially.)

They are using it, perhaps you mean "enforce it or lose it"?

Thanks for correction. I edited it.

yeah let's see a test case and then i'll worry about it.

The only issue is if they make you the test case.