I agree that this can be an issue. Privateer Press had to institute a policy like that a few years ago, saying that if you take your army to some sort of big profile tournament, the army isn't allowed to reference intellectual properties of other companies. So it isn't allowed to be a Warmachine army that looks like Marvel Superheroes, for example. Presumably for the reason you state, that then Marvel Inc. could start complaining and asking for pictures of the event to be taken down since it uses their IP without permission. Or something.
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