I'm not sure what you're driving at, Joe.
Just that, it occurred to me it's fairly common practice for people in marketing and advertising to reuse, recycle, and swipe marketing gimmicks, this one just had a limited window of opportunity. And even if Marvel did get the idea from the Dragon cover, they had to have figured it wouldn't be a big deal outside of a few comics fans, and beyond being a dick move it isn't illegal and the general public who were the intended target of the stunt, won't ever know. Again that's assuming the worst.