The reason Marvel did not win is because CoH's lawyer proved that they players that had created Marvel IP and play in game were Marvel employees. CoH had a reporting process in place and players were very proactive in self-policing because they did not want to see a repeat. The lawyer, by the way got a standing ovation at HeroCon.
As for the current Overlords, I don't think they've said anything, but just because this is not an authorized server doesn't mean Marvel/DC/etc won't swing a hammer.
Personally, I think it best to err on the side of caution and avoid characters that outright copy someone's IP.
I remember - I was at that HeroCon.
Paragon also agreed to ban names that were Marvel IP. That should continue to avoid the servers having the plug pulled.