To clarify: (1) Your scenario = don't trademark, use open source license. (2) What Mozilla does = trademark, use proprietary license. (3) What Mark thinks should be done (afaiu) = trademark, use open source license.
I don't know a good way to reduce the impact in scenario (1) through legal means, but if you are worried about this, why not choose scenario (3)?
I don't know a good way to reduce the impact in scenario (1) through legal means, but if you are worried about this, why not choose scenario (3)?