You're literally just saying things, and saying them doesn't make this true.
Copyright law on this sort of thing is incredibly straightforward and completely settled. This isn't like recreating the likeness of someone, including their tattoos (another story popular in the past day on HN), this is clear cut commercial usage of someone else's copyrighted work, and his tolerance of non-commercial usage by the person photographed doesn't have any impact whatsoever on whether or not a different entity has the ability to use it to promote their clothing line.
This is an incredibly open and shut case with tens of thousands (probably hundreds of thousands, actually) of cases worth of clear cut precedent.