You're jumping to conclusions here... Ethan said nothing about suing him. If it did really come from Ethan's photo, sometimes it's just nice to be in the loop when it's your image. Also according to your logic, photographer's shouldn't be paid anything for the photos they take of other people/, which is not true at all.
Also, you might think you throw the same exact grab every time (the way your clothes move, pole position etc.) , making any picture people take of you in the exact same location in the exact same angle the same but in reality you don't. That would be near impossible actually.
All this being said, the logo doesn't match up perfectly, although to me it looks exactly the same.... I really want to see the photo Tom says it's taken from though (it'd end this debate once and for all anyways).