I doubt you would have any problems with Blizzard about this, as you have seen hundreds of templates, skins, themes, etc... on the web, using the same textures, and never heard of any problems.

For Example: http://vbskinworks.com/forum/index.php?styleid=309 http://vbskinworks.com/forum/index.php?styleid=245 as they are being sold as commercial products.