Copyright and trademark are both areas of intellectual property but they’re very different in how they work. It's important to clarify the distinction between copyright and trademark, as they serve different purposes in intellectual property law.

Copyright protects original works of authorship, such as books, music, films, and software. It gives the creator exclusive rights to reproduce, distribute, and display their work. Copyright does not apply to names, titles, or short phrases, which is where trademark comes in.

Trademark, on the other hand, protects brand names, slogans, and logos used on goods and services. The primary purpose of a trademark is to prevent consumer confusion by distinguishing the source of goods or services. For example, when you see a product with the "Nike" swoosh, you know it comes from Nike, Inc., and not from another company.

Trademarking Nostr and Its Implications

If you trademark the name "Nostr," you're not claiming ownership over the protocol itself or its underlying technology. Instead, you're protecting the brand name from being used in a way that could confuse consumers or dilute its distinctiveness. This is particularly relevant if the name is being used for scams, as you mentioned.

Enforcement of Trademarks

Trademark owners are not required to enforce their trademarks in all cases. The key is to prevent the name from becoming generic or losing its distinctiveness. For example, "Aspirin" and "Escalator" were once trademarked names but became generic over time due to their widespread use as the general term for a product, not just the brand.

In your case, if you trademark "Nostr," you can choose to enforce the trademark in situations where you believe there's a risk of consumer confusion or harm to the brand's reputation. This doesn't mean you have to police every use of the name. Rather, you'd focus on instances where someone is using "Nostr" in a way that misleads or confuses people about the source or official nature of a product or service.

Conclusion

In summary, trademarking "Nostr" would protect the brand name from misuse and confusion, particularly in the context of scams. It does not restrict the use of the Nostr protocol on other platforms, nor does it require you to enforce the trademark in every instance. The goal is to maintain the name's distinctiveness and protect consumers from deception. 

 It’s better to trademark it then, so who can do that?! @fiatjaf only or anyone of its developing team?! 

 Anyone could file it, you’d need documentation that you’re using it commercially. Ideally it’d not be a business in the space but instead some kind of legal entity which can act as a neutral steward.  

 Thanks for explaining.