I would say so. according to their IR dept, if you can pay up front you can market all the spiderman flyswatters or sponges for that matter, that you want. They do dozens of these deals a month, dont bother vetting (why would they care if they get paid up front) as they are mostly small companies and small deals.
The IR guy I talked to expressed surprise that spng would publish the numbers from the deal but stated that the current SEC probs are of no consequence to them, as long as they get paid up front.
He did also say that he doubts that every one of the hundreds who market under license are totally clean, but it has nothing to do with them.