Odds are it was some random person at an agency or in marketing, or contracted to do some little thing ... and either didn't think about the issue or didn't care to.

Frankly I'm surprised this kind of stuff doesn't happen more often.

Edit: And I'm speaking from experience. Large companies are not as specifically coordinated as people sometimes ascribe them to be. And nobody in marketing or any other dept. wants to deal with legal review of anything if they can avoid it.