They could probably get away with it for a few shows, but the WWE, I would imagine, owns the rights to all their title's designs, including ECW's. They could start out with the original titles, but I think that they would have to get different models that the WWE doesn't own to make it legal.
Also, if they planned on releasing them on DVD, I don't think they could show it. I'm actually not sure about this, since Blaze showed up on Nitro with the Women's title and I didn't hear about any lawsuits. (They probably sued to get the title back at least.)
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