I dont get it, if Hyperion were in breach of the trademark then wouldnt you need to sue them in their own country or at least in the country where the breach took place?
Does Amiga even own the Amiga trademarks in Germany? (It is Germany where Hyperion are based right?)
And as they are not selling it yet all Amiga could sue for is the Amiga logo on the OS4 website, hyperions website and press releases.
Either way this is so not going to help Amiga Incs PR