Here's the relevant wording from the recently updated Villains & Vigilantes page at OBS:
This latest version of the game- dubbed version 2.1- revives the 1982 version with a few corrections and rules additions. It also features brand new illustrations from co-creator Jeff Dee. Villains and VigilantesTM is a trademark of Scott Bizar, used with permission.Jee and Jack didn't win the final lawsuit, but at least there is a settlement.
You can read a much more detailed article over at Workbench. Rogers does a nice job following the case through the courts. Give it a read. It's well worth your time.
Tip of the hat to +Harley Stroh