Decide for yourself. What is the bound to permissible commercial speech? What is the Elephant Cash Cow worth?
This does look to be about symbols as means to enhance cash flow. It looks to not be about ideology, but marketing opportunity. Bless them all. For the good will their dispute inspires in the voting public.
And what is "fair use" of a Google Image, on a non-commercial, individual, unaffiliated blog? I have used Google Images, I contend it was fair use, as with excerpts and images from copyrighted news outlets, or candidate campaign sites.
I have corresponded by email with reporters on occasion, about published news items, and my commentary and their thoughts or reactions.
Never once have I been requested - yet - to remove an item based upon proprietary argument. Based upon an infringement contention, on a claim of going beyond fair use.
That is non-commercial use, non-commercial speech. Strictly read, the Constitution's text does not draw any distinctions between commercial and non-commercial speech. However, as with any short tightly worded item of fundamental grounding, interpretation in case-by-case fashion is needed.
In this case, was there overreaching?