Hmm.... So what about the other games that have swastikas in them? They don't seem to be getting sued.
I worked with BTS on the Combat Mission games. BTS's position on the swastika was that they wouldn't have it because they planned on selling their game in Germany. This had nothing to do with litigation, but simply because they didn't want to spend the money to make 2 versions of the game, one "Teutonically Correct" and a realistic one for the rest of the world. So I don't think that HTC would be sued for having a realistic swastika on the planes.