I think you just pointed out the very reason the FAQ is harsh.
I think Tom's FAQ on this might be a bit harsh on this particular topic (no offence, Tom!).
However, when navigating something like this, it is essential you talk with a qualified attorney who is well versed in ...
Far too many people throw together a game, put it online, and get a C&D order that destroys the projects.
It is easy enough to throw build a game and put it online that many people never realize it may have legal complications. Those would feel much different if they had to pay for a physical shop, buy physical equipment, and deal more directly with regulatory bodies.
It happened so frequently, and there were enough notable cases, that today you'll note the Help Wanted sections of the board will immediately quash any IP-violating threads on sight. It was in part because of (alleged) IP-infringement where people don't bother to talk with a lawyer.
I don't think that particular FAQ is harsh enough. I wish it had less of a light-hearted nature, getting rid of the lawyer jokes at the end.