I think the problem is taking two separate photos from two different events on different days and thinking people would put them together.
I bet you could find all sorts of separate photos of musicians from different events where one has armor and another has a red cape.
I wish companies and people were held to the standards of their own arguments.
For example because X claimed they don’t owe anything because they changed their name from Twitter, any business dealing with X would legally be allowed to use the same argument.