Yes, but you might find they own the trademark for all video games with this word in several countries. They've taken interest in reviving the franchise somehwat lately with the browser game and rumours of a Biwoare made sequel. Why not call it Ultimatum - that's not being used a whole lot.

EA is a pretty litigious company about this sort of thing. they stopped Bioshock from calling themselves the "spiritual" successor to System Shock and shut down a fan made project based on the title too.

They've laid it on pretty heavy on a number of a fan made sequels and only allowed Lazarus to finish.
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on your other question why not try these tiles?