Though I am a long time Microsoft basher (with very good reason) I have to totally disagree with you. A small company with nothing to lose run by a moron (SCO anyone?) is much more likely to try the kind of Hail Mary that any such attempt would constitute. Microsoft, while wrong in many ways, is not that phenomenally stupid. They actually have something to lose, and would be going up against Google, Motorola, HP, IBM, and thousands of other companies single handedly, and even they can't t weather the ill will such a stupid move would garner circa 2011. If it gets in the hands of another Darl McBride, it is still a non-issue, because they are guaranteed to lose, whether you think it is because we are right (which we are of course), or because big money talks. Any way you slice it, worrying about said trademark and who owns it is tantamount to complete foolishness.
On the other hand, it would make a perfect "nuke", if you will, to strike back at multiple competitors for Microsoft to use when the end is drawing near.
The solution of this problem is trivial and is left as an exercise for the reader.