Q:

CTAN package, Logo and Open Source

I would like to distribute on CTAN a package providing the beamer theme of my institute. So my colleagues and our doctoral students can easily use it.
This theme is easily customizable to be used outside my institute. And it has some peculiarities that may interest beamer users. This justifies its distribution by CTAN. My code is under the LaTeX Project Public License.
In this theme, by default, the logo used is that of my institute (with some technical modifications not visible to facilitate its integration in the slides). It is the only element that is not open source since this logo is protected as a trademark. It can be freely distributed but it cannot be used freely for public documents without the agreement of my institute. 
(Note: my institute authorizes me to distribute this logo on CTAN.)
In this case, will this package be included in TeXLive and MikTeX with this logo?
Additional information
Logos distributed by TeXLive (probably with similar legal limitations):

texmf-dist/tex/latex/nwejm/images/nwejm-smf-logo.pdf  (https://smf.emath.fr/)
texmf-dist/tex/latex/fithesis/logo/mu/fithesis-base-color.pdf (https://en.wikipedia.org/wiki/Masaryk_University)

A:

Here is the answer from Karl Berry (from TeXLive):

Hi Paul - re trademarks and TeX Live, Donald Robertson at the FSF
  reminded me that they did write guidelines about this issue wrt free
  system distributions:
  https://www.gnu.org/distros/free-system-distribution-guidelines.html#trademarks
The basic point being that trademarks in and of themselves are not a
  problem -- yay. The problem would be if there is some kind of
  statement in the (copyright) license saying that the trademarks must
  not be removed, or otherwise forbidding redistribution, etc.
I don't think that's the case with the Masaryk packages, or
  thesis/etc. packages in general, or fontawesome. Anyone modifying
  those packages or logos can remove the trademarks (if they're doing
  something different), or keep them (if they're making something
  relevant to the university), according to the usual rules for
  trademarks. Which is, don't make use of them to refer to something
  else.
In general, whether a given trademark is copyrightable or not is
  clearly a massive gray area. If an organization asserts copyright on
  their logo (unless they use a free software license for it, which I
  expect would essentially never be the case), I'm certainly not going
  to argue about that, and the packages would have to be removed. On the
  other hand, if there is no explicit information, or the only
  information is that it's not copyrightable, as you found at
      https://commons.wikimedia.org/wiki/File:Logo_Masaryk_University.svg
  then that's fine, we can accept it until and unless a problem shows
  up.
I have updated https://tug.org/texlive/copying.html with a brief
  statement along these lines.
Thanks for bringing this up. --best, karl.

Here is an extract from the FSF guidelines:

Trademarks
Trademarks are associated with some software. For example, the name of
  a program may be trademarked, or its interface may display a
  trademarked logo. Often, the use of these marks will be controlled in
  some way; in particular, developers are commonly asked to remove
  references to the trademark from the software when they modify it.
In extreme cases, these restrictions may effectively render the
  program nonfree. It is unfair for someone to ask you to remove a
  trademark from modified code if that trademark is scattered all
  throughout the original source. As long as the practical requirements
  are reasonable, however, free system distributions may include these
  programs, either with or without the trademarks.
Similarly, the distribution itself may hold particular trademarks. It
  is not a problem if modification requires removal of these trademarks,
  as long as they can readily be removed without losing functionality.
However, it is unacceptable to use trademarks to restrict verbatim
  copying and redistribution of the whole distribution, or any part.

