If your IP is still being sold with the trademark on it, it is still in use.
Even when there's other parties also selling their IP with the same trademark on and you do not do _anything_ to prevent them from doing so? That's more or less the definition of abandonment.
How easy or hard it is to remove is irrelevant to the fact that it is still being used on products that are still being sold. The fact that there is more than one trademark does not make it legal for you to use. The fact that you use it without getting sued does not make it legal for you to get used. That fact that I think it SHOULD be legal to use does not make it legal to use.
The fact that none of the involved parties, be it Amiga in its various incarnations, Cloanto, Hyperion or anyone else care about it, have not cared about it, have not protected it, have not used any legal actions against anyone for using it, have not even registered it - makes it perfectly legal. The fact that it shows up on the boot screen of OS2.0-3,9 is irrelevant, by that logic you can also say that it's not legal to use the purple colour used in the background.
Of course, the point that you challenge ME to sue you for a trademark that someone else owns indicates that either you have absolutely no clue what a trademark is, you are intentionally misstating your position in a hope to derail reasonable conversation.
I challanging YOU since you obviously care so much, and my eyes the logo in question is just as much YOUR property as anyone else. Who in your eyes would be the ones to sue me? Cloanto? Amiga Inc? Do you really think any of them care about the checkmark logo? Appearantly not. The only one really caring about it seems to be you.
Anyone who had any clue what a trademark was, would know that only the owners of the trademark, or maybe someone they licensed the rights to would have any claim to sue over a trademark.
And as I've mentioned umpteen times now, noone owns that trademark, as isn't a trademark anymore. They have since _long_ failed the obligations they had as trademark owners to protect it as a trademark. The ticker was replaced with the boing ball all over the place, with OS4.0 it also replaced the ticker in the boot screen, and that's already plenty of years ago.
In this discussion, I am on the defendants team. Or more accurately, suggesting that the group I want sticking around, not become defendants in a legal preceding. It would be stupid for the AROS group to use a mark that in anyway could lead to legal trouble when there is nothing to gain by doing it.
If you're so afraid of that, then perhaps they should change the name to something different than the much occupied "AROS" as well then. There are far more legal trouble surrounding _that_ then there is with the amiga checkmark.