Getting around the new trademarked OSHWA logo requirement

[jjorsett]

I listened to The Amp Hour episode #269 and heard Dave talking about his new, unspecified-for-now, open source product and how it wouldn't qualify for the new Open Source Hardware Association (OSHWA) trademarked logo because he won't be releasing the Computer Aided Design (CAD) files for the spiffy case that it will have. He said he was doing this, at his manufacturer partner's behest, to prevent the exact cloning of the product; all other product files would be released.

That set me to wondering if Dave could design the original with some generic, non-spiffy case, for which he could release the files, thus qualifying for the new OSHWA logo, then create a "derived work" just as others will do, and make his final version with the spiffy, non-generic case that would be proprietary to him. Any possibility of that, or are there pitfalls that I haven't thought of?