We actually don't know what the agreement between Gateway and the original Amiga Inc (Amino). There is some evidence that Gateway retain ownership of some or all of Amiga IP (worthless now, it's all over 17 years old), brand and patents and gave the original Amiga Inc exclusive use of these. The Original Amiga Inc transfered this agreement to KMOS (the current Amiga Inc) to avoid creditors and unpaid employees. Whether this was allowed in the agreement with Gateway is unknown. And any action would need to be undertaken by Gateway's parent company Acer. Suffice to say the brand name has been badly sullied by KMOS and is probably not worth fighting over.
As for Kickstart, one could argue that it's part of Amiga OS and that if you legally own a copy of Amiga OS you own the Kickstart that is associated with it. This would be a tough fight in a court since they were separate products, but given that the whole ROM concept was abandoned last century it's hard to tell what a Judge/Jury might rule.
Add that to the fact that Hyperion has a claim to Amiga OS through their contract with the original Amiga Inc and it's subsequent insolvency. The cut and bail to KMOS is a good argument that the original Amiga Inc was indeed insolvent, so it is possible and likely that Hyperion owns OS 4 and the right to use the AmigaOS name.
I think I have a headache....
