The bottom line, and an excellent rule of thumb for using anyone's IP, Trademark, etc. can be found in the old saying "If you can't do the time, don't do the crime". Or, more appropriately in this case, if you can't afford the lawers to fight it, and/or don't have the funds to pay damages/restitution (which can be much greater than the total sum of money you recieved for selling said item), error on the side of caution and don't use it. Treademark and IP infringement is a real sticky wicket, not a position most folks would like to find themselves in, unless they have an army af lawers on their side, ready to defend them.

Here is an excellent example of how convoluted it can get:

http://www.legalzoom.com/intellectual-property-rights/trademarks/when-is-unauthorized-use-not

Taking a case to the Supreme Court, like the ones cited at the above link is very costly, and takes years. Sure, you may get away with it, and never be contacted by any representative from the company in question, but is it really worth the risk?

If it is strictly "fan art" and totally free, your probably OK with it. Otherwise, IMHO, error on the side of caution, because nobody wants to talk to the suits.

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