I'm 99.9% sure BNSF will win the case - assuming the airline doesn't just agree to drop the name first. As I said, a company name isn't like the brand name of a cigarette or candy bar. A company has to register with the federal government and in each state that it serves, so it can pay withholding for its employees, pay sales tax and social security, file corporate tax returns etc. You can't just grab a name of a company and start using it as your own. I don't think it really matters if BNSF can prove damage or not, it just has to prove that it is the legal holder of the name. Basically every time a BNSF train runs on a former NP line, it's showing it's still operating it, especially the trackage located on the federal and state land grants NP was given.
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