It's a little different to create a whole brand new figure and then try to fall back to that excuse. Doesn't exactly carry the same weight.
The figure would be new, but the characters they're based on wouldn't be. American Eagle first appeared in 1981 and Man-Ape in 1969. I was there for both of those debuts and trust me, it was a different world. A disclaimer could explain that.
Look, end of the day, if Hasbro felt that they COULD do it, then they would have. Chances are though, a character like AE just isn't viable as a marketable, sellable item.
And Warbow IS?
Chances are also good that the Marvel team doesn't even know a thing about AE---considering they don't even know who the Slingers were, and they claim to be big 90s fans. I doubt they know a character like AE.
You would be surprised. A couple of years ago I asked Dwight about Marvel's western characters, and he said he pitched a multi-pack with Two-Gun Kid, Kid Colt, Red Wolf, Gail Simone's Outlaw, and a horse. The idea got shot down because "horse are expensive". I tried to argue the point but since Ryan Ting was a Product Manager and I wasn't, I lost. But the point is, Dwight, Dan and Jesse are very knowledgeable about Marvel. I can tell you that for a fact.
And if/when Black Panther 3 rolls around and there is no Man-Ape, I think there's your answer. It's never happening. Or if we do get one, this whole conversation is for nothing.
Yeah, that's what Jesse used to say about Armadillo. Jesse also used to talk about how much he hated Kang and how he didn't think Yellowjacket was a doable character. I've heard it before.
Only time will tell.