You missed the point completely. None of what you posted here has any impact on other players character concept or design, which is something I think everyone can agree most all players are very passionate about. If not, we would all be GenericHero001202 and all look the same with the same power set combo.
As of this moment, is CoHHC legit? Do the HC folk have express permission from or legal agreement to be using NCSoft's intellectual property without some form of compensation for the owner? If the answer to that is no, are you playing a legit game?
One of the thoughts on all of this is that the game code is out in the wild now, so anyone can start up a server anywhere. NCSoft would potentially be issuing C&Ds and filing suits to shut them all down forever. Is the cost of doing that worth it to them for an antiquated game? As I said earlier, do some Google searches for skins/mods for just about every game out there and you'll find downloads of skins or mods of copyrighted characters being used without the consent of DC or Marvel or whomever. Some of them have been around for decades and they are still here. Many of them are widely known and well advertised via YouTube and such.
If Marvel/DC are so evil that they are going to file copyright infringement suits, why are all these other sites/games still up and running? Maybe, just maybe Marvel/DC are looking at how much it will cost to file lawsuits against all of them and came to the conclusion it is not financially worth it to them? Perhaps Marvel filed their lawsuit years ago because they were looking to get into the MMO marketplace and wanted to quash the competition? Marvel and DC both have their games out on the market now. The whole "OMG MARVEL IS GOING TO SUE!!!" argument doesn't hold water anymore as far as I'm concerned. To be anal and paranoid and want to become the "costume police" is just being paranoid and anal. I can give another example - CBS for decades never said one single word about Star Trek fan films. In many cases, they fully supported the effort of some who made very high quality studio level content. That all changed when Axanar came about and someone tried to make money off of it. The HC folk have said CoHHC will remain free so long as they are in charge of it. I believe Marvel and DC will do the same as CBS - nothing. It simply is not worth it to them. The Marvel who filed the suit is not the Marvel of today.
So what is more likely to happen - Marvel and DC are going to threaten to sue because someone made a clone in an antiquated free MMO or the IP owner is going to pull the plug because someone is using their property without their permission?
Spend more time enjoying the game your way and let others do the same in their way. People adore their clones just as much as the next persons "original" concept.