Well there has been Scarecrow figures released, not sure if there's been any with a Cillian likeness, but Mattel definitely released a masked Scarecrow. Beyond that, and again it's only my speculation, but I think a lot of studios learnt a lot from Lucas about the need to - even if just to be on the safe side - include merchandising likeness rights in actors' contracts. Even if it's just because they want to put an image on a lunch box, or in a colouring book, or whatever, I just can't see them not covering themselves by locking these rights in.
Lucas is an independent though, and his strategy and mindset is different. WB and FOX and all the big studios are very corporate and I'm sure look to maximize their profits. We know Lucas and other companies secure certain rights for marketing reasons, but we don't know whether that to an extent includes extra money, so if it costs you a bit extra to add into Oldman's contract that his likeness is theirs for marketing, they'll mull it over as a business decision and go from there. As much as I want an HT Gordon, if I were a company having to decide whether or not to invest in the ability to make products of the character, I'd opt to save the cash and pass. The stats would probably all favor that only a small group would support it and that group wouldn't be worth making an investment to satisfy. WB is making s boat load of merchandising cash off Ledger, Bale and Eckhart's likenesses, what little Gordon would bring is probably 5% of all that, so I'm sure they're not broken up about it. It sucks for us as collectors. Some properties, you can just feel a gamble that you could sell toys or whatever of any character from, like Star Wars, but something like Batman, your best success will come from the few principle characters. I'm not sure I've ever heard of a Gordon figure being made in any Batman line, does anyone know if there's ever been an official Gordon figure in any size from any rendition? I bet if there has been, it's less than half a dozen, with many Jokers and Batmans out there.