Did a little hunting around on my BF's prompting, a former CoH player.
Looks like they decided to do this:
http://kotaku.com/gaming/marvel-uni...nd-mgs-talk-marvel-universe-online-204378.php
They made a small cosmetic difference to the claws power, he said, modifying it to two claws instead of three, but I don't think there is anything in-game that stops anyone from mimicing a favorite published superhero if they so wish. You could be reported, it might be investigated, but they don't go around policing it up front.
I see a difference between taking a single power and using it in a story and taking a suite of super-powers that are known to be hallmarks of a particular, branded character.
Who would you ask? Would you go to Marvel, DC, American Comics, Image, etc., if you wanted to make someone fly or be really strong? Adamantium skeleton, yeah, but the generic stuff ... I don't see it.
Which is why I can see the reasoning behind the producers of the Incredibles possibly seeking permission, while for Heroes I don't.
Of course, now my raven-brain is interested, and I'm trying to find material to the contrary.
In the Incredible's wikipedia entry, this was all I can find.
The Incredibles suggest several similarities to the Marvel Comics superhero team The Fantastic Four. Visually, the costumes are quite similar in style and theme, with the only difference being the color change. Powers-wise, Elastigirl's abilities are very similar to Mister Fantastic's, Violet's are identical to those of the Invisible Woman, Mr. Incredible can be likened to The Thing, while Dash is the only one with a clear movement power like the Human Torch. Even the baby, Jack-Jack suggests a similarity to multi-powered Franklin Richards or one time Skrull member Lyja. On the villains side, Syndrome carries ominous similarities to the F4's greatest enemy, Doctor Doom, while The Underminer is an obvious lift of the Mole Man. There is also the fact that both team leader's have the prefix "Mister" in front of their superhero names, and also that "Incredible" and "Fantastic" are synonyms. And, of course, like the Fantastic Four, the Incredibles are a family. Incidentally, the screenwriters of the 2005 Fantastic Four film had to change the ending of their film after seeing that The Incredibles's ending was too close to their intended ending. On the DVD commentary, it was stated that Jack-Jack turning into an inferno was added so all the powers from the Fantastic Four were represented within the family.
If anyone can find information on companies seeking permission, I'd be interested in the link.
IIRC, there was a lot of back-and-forth between DC and the creators of Captain Marvel, back in the day, regarding similarities.