If I were a small open source project with the prospect of a legal battle on the horizon, I’d want to start raising money for it before, not after, the litigation begins.
It appears that in this case, litigation is avoidable. The project would be purposely engaging in a legal battle at their communities dime over some names.
I would be very surprised if you could guarantee that a litigious entity will not sue on any grounds. I don't think think removing the obvious reason to sue is sufficient protection from the possibility of a lawsuit.