When you understand what is acceptable you can play around with it
Recognizing the truth of what you say about the legal aspect, what is acceptable? I would imagine one thing is not ripping off graphic assets of the brand or doing parody that is disparaging, instead of just something funny everyone can relate to.
As I have said, I believe many high tier mba accounts do this as an intentional strategy. They know how to game the kws. And they know they can suck up the occasional takedown and play it safe for a while. And since most rational lower and mid tiers won't touch it, they get far less competition.
But it confuses n00bs, especially those who don't really understand the FAQ/TOS anyway, into trying it themselves.
Let's take another example, and one I am pretty sure is in one of the previous shame threads.
https://www.amazon.com/Dont-Salty-Shirt-Gift-Women/dp/B07G2PYGSM/
Someone who sees that and how long it has been around, if they don't yet know enough, can really be deceived into thinking doing similar stuff is OK. That account, especially when the youth policy was updated, had the option to delete it, but didn't.
And if that listing is some legacy/artifact of a long suspended or terminated account, then that's on merch.