Now that's a contentous statement, depending on one's definition of "free" and "un-free". However the GPL, unlike this "no evil licence", is an FSF approved, and OSI approved, and DFSG approved licence. They aren't in the same category.
Trademark law isn't needed. There isn't really any disagreements over the terms "Free (as in freedom) Software" or "Open Source".
Now that's a contentous statement, depending on one's definition of "free" and "un-free". However the GPL, unlike this "no evil licence", is an FSF approved, and OSI approved, and DFSG approved licence. They aren't in the same category.