Law Suit: Marvel vs NCSoft and City of Heroes

Marvel is suing NCSoft because it’s easy to create a Marvel superhero lookalike in City of Heroes. I could understand the argument if COH had premade lookalikes that you could choose, but when the player is able to make so many different costumes(COH’s costume construction system is hugely configurable)…. What if you could draw and paint your own costume from a blank slate. Would COH still be responsible when players made Wolverine lookalikes?