Well, I don't agree on this one. The community (back in 2010) provided ideas for the header image, and SE then transferred it to the actual image, with comments from the community. Who "owns" such a thing I don't know.
And yes, the contributions are under CC-BY-SA, but creating the header is possibly on a similar level as using the answers, and nobody expects that everything built upon SE/SO content is under CC.
So my main question is: Would SE ever try to pose problems if anyone used `\{\TeX\}` as part of a logo elsewhere? To which I answer: that's very unlikely, and if they do, the fact…