It's true. You can't just create tokens that use brand names or celebrity names. You can try and fly under their radar but I remember back in 2014 when some guys launched Conye coin and they received a cease and desist letter from kanye west lawyers. Cagecoin was created using Nicholas Cage as a meme and you cant still find that one on coinmarketcap xD
It is a gamble but I don't think many people will want to play that game.
Lawyers will be only active if token brings a lot of attention and money. Otherwise token can die as many others in obscurity. With an announcement like that I see much more chances in the second way, rather than first one.