A few months ago, MongoDB introduced a new license called [SSPL](https://www.mongodb.com/licensing/server-side-public-license) following some conflicts with AWS. Later they presented this license to the Open Source Initiative (OSI) for approval for it to be called an 'open source' license. But as this license does not meet the open source definition given by the OSI, they simply rejected it. Now the question is: can MongoDB (or someone else) just 'call' SSPL an 'open source license'? Or is it a trademark owned by OSI? Will they get sued for just calling it that way?

(Note: I am aware of this newly coined term so called 'Source Available', and my question is not on this, but on being called "Open Source")