After swimming through the usual numbskulls with the legal degrees they got from memorising a paragraph from Wikipedia.
He said "The key is trademark. You acquire it either through registration or use. They certainly would have one but either they have chosen not to enforce it or something else is going on. Some things like Hello Kitty were not trademarked so that is why they are everywhere. It could be possible there is a Iicensing deal between the two." In regards to whether this is grounds for a lawsuit.
So bare that in mind.
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Thank you for the studious information. I made this forum post to see what people thought. It's totally up to Bungie if they want to do anything about it at all.