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http://pc.ign.com/articles/565/565905p1.html

Honestly I don't think they really have a case here. They created common variables for powers that can be found on a superhero and it's the players that customize the character and name them.
It would be equivalent to a company making a space mmorpg and George Lucas suing becuase I named my character 'Luke Skywalker'.

I hope this case gets thrown out.