[CMIII]

I think they can do it because it's not an actual representation of the Figure but a Lego Representation of what the character would look like. Example the Wolverine is a Lego Figure designed to look like Lego Figure that is painted to match Wolverine and does not use and Actual Likeness of the character to the Comic Book or Movies. Likewise Batman is also a Lego Figure designed to look like a lego Figure painted as Batman costume and doesn't make a physical likeness to the Comic books or Movies.