Pretty well what was said above. It is best to contact the copyright holder and see if they have a process. They may give you permission or be willing to sell some sort of commercial license. Keep in mind, they can change their rules at any time, though.
The tricky thing here is at any point they could technically request you stop, violation or no violation. As long as they allege a violation and are committed to do so, they can take the issue to court if you do not comply. Obviously, if you are confidently in the right and don't mind going through a legal fight, it doesn't mean an automatic loss. However, I dare say most would try to avoid the process and capitulate.