lonewolfdevel
First Post
I think the key thing is a competing product can't TITLE itself Army Builder, you might be able to say "The software is used to build or create armies" in describing it, but the key thing would be the title--because even if you give your software away for free this may count as trade. At least that's how I interpret the law, and others appear to agree with me. Anybody creating a free tool IMO would need to make sure they don't use the Trademark in the Title.
According to our IP attorney, neither the title nor the description of a competing tool can utilize our trademark. However, that's in a literal sense only. So a competitor could readily say "The software is used to build or create armies" to describe the tool, just as you proposed. But they could not say "XYZ Tool is an army builder" or "XYZ Tool is army building software". Both of those uses would be construed as potentially causing brand confusion and therefore be a problem.