see the above comment by Peter David.. it is being suggested that marvel all but has no choice on this suit.. even if it is silly and pointless, if they didn't defend their trademarks in it technically another MMORPG could come along and do even worse (actually give default templates to marvel characters) and they could claim that marvel didn't go after Cryptic, weakening marvel's claim..
I was pretty upset at marvel about this at first, but being given a little insight into how copyright and trademark protection work, it actually makes a bit of sense now..
and no, marvel won't win, but if they didn't fight this now chances are they could really suffer some damages down the road from another company (or even cryptic I suppose).