I don't know about the trademark thing. Rare always had ownership of PD and Conker, so why the news? Who knows how the details went down. It's quite possible Rare kept it, but it's also quite possible that Nintendo took the rights to those.
Anyway, PD I wouldn't worry about. If they make it like the N64 game it'll be a giant flop. FPS on consoles have changed, and while on N64 the game might have been good, it won't be the same this generation. But we're talking Xbox, the name will sell it
Conker on N64 sucked. Although rather funny, the game itself sucked ass and was boring as hell. Not to mention poorly designed.
And Banjo-Kazooie, I don't know how well this will do on Xbox. Highly likely the anti-kiddy-Nintendo Xbox fanboys will start wacking off over the game, like they do with most exclusives. But aside from Oddworld (****) and Blix (future ****), they don't seem to be into platformers, they just hype whatever's exclusive. And BK even had mixed feelings in the Nintendo world. Some loved it, others hated the scavenger-hunt game. I thought the first one was good, but the second sucked ass.