Mentalepsy: They own the rights to the Might & Magic name, which was previously owned by 3DO, and before that by New World Computing (the developers of the M&M series, who became part of 3DO) - but, I'm not sure if they own the rights to the old M&M games specifically. I'd love to see them here.
Just a vague assumption, but going by the fact that Dark Messiah did not feature the title "Heroes of Might & Magic", simply "Might & Magic", one could assume they do indeed hold the rights to the old titles (if only for title usage).
A long shot, I know, but I figure Ubisoft would have been smart enough to snap up the entire franchise in one go, as I'm sure someone there was intelligent enough to see the potential in selling the old M&M games at some point in the future to nostalgic fans.
EDIT:
Also:
http://mightandmagic.us.ubi.com/index.php They certainly utilize the logo/naming on its own enough.