Echohawk, I don't have the comics in front of me, but the idea is that it's all source-based. There's no d20 logo on the cover of the KoDT comics, and there's no reproduction of the OGL anywhere in them. It stands to reason then that, like Kalamar, everything in them is allowed via specific agreement with WotC, making them second-party materials, which still falls under the D&D banner.
In other words, it doesn't seem like you can go through and pick which monsters in a book are D&D and which aren't; it's all or nothing.