Did AInc really capitulate or did they just found a way of getting what they wanted (being able to licence "teh name" to someone else) without further cost ?
Hyperion having a stronger case
Wasn't it something around:
"Since we didn't fullfill our part of the contract(s) we now demand that we are allowed to pull a clause that has been illegal from day one (read reordering creditors)"
The whole court case was a complete mess from both sides and the quality of the settling wasn't much better, so yes I'm quite sure a good lawyer could find a loophole allowing NotC=USA to sue Hyperion over the use of the Amiga-trademarks.
Do I think they will go down that way ? *shrug* ..... but I sure keep a king-size bucket of popcorn ready just in case