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How exactly is this legal?

So i was playing around with this game i found on Facebook called Throne Rush. It appears to be a Clash Of Clans clone, copying pretty much most of the machanics from that game. But since it's on Facebook it's a lot easier to change your village layout than on the phone so i thought i would play for a bit and i found something kind of interesting. Take a look at this screenshot of the barracks menu where you pick units to build. Notice the one on the bottom circled.

As you can see that is clearly an Ent, as in Lord Of The Rings Ent, listed on the bottom. Now how can this be, you might be wondering? This obviously is not a Tolkien based game. For context understand Tolkien Enterprises brought the threat of legal action against TSR, the company that made D&D before the license was bought by Wizards Of The Coast.

References in early TSR publications to certain creatures from J.R.R. Tolkien's mythical Middle-earth were removed or altered due to intellectual property concerns. For example, TSR replaced all references to the race of Hobbits in D&D with their alternate name,Halflings—which was coined by Tolkien but judged by TSR to be non-infringing. In the first edition of Dungeons & Dragons, the threat of copyright action from Tolkien Enterprises prompted the name changes of hobbit to 'halfling', ent to 'treant', and balrog to 'Type VI demon [balor]'.[27][28][29]



I thought perhaps it might just be the same name and not necessarily the same kind of creature. But compare this picture from the Throne Rush wikia...

to Treebeard from The Two Towers...


I'm honestly surprised they think they can pull off what is a blatant and obvious copyright infringement case. I wonder if arrogance and hubris travel across the internet. Because i haven't seen this kind of arrogance from a digital gaming company since whatever the last bullshit the Candy Crush people at King Digital tried to last pull off.

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