Is This Right?

I was one a message board and I came across the post. Now this user said he or she found it while surfing the Internet. It is a banner ad. This person was or is going to file a complaint.

Click here to see image

This person goes onto say:

But the problem is, it was a BANNER AD, on a PAGE. it was being run by the ad-brite or whoever banner rotator it is.

The reason this annoys me is:

1- Children. the website has lots of them as members.
2- Smokey is copyrighted. So they can't do that.

Me personally, its stupid because Smokey the Bear is a kids figure so to speak and using it in this way would send the wrong message. Whoever made this banner has some screwed up ideas. I doubt they have permission to use Smokey the Bear. Besides whoever owns the rights to Smokey the Bear wouldn't let some use him in the manner. Kids associate Smokey the Bear with fire prevention and safety. This would send them the wrong message as I said. Whoever needs to advocate drug use through kids is seriously screwed up.

In your opinion, is it right?