"Hello, Marvel Comics? You might want to take a look at this..."
at first look it do kind of look like a famous green dude. Hell they might have a case, But then again if this character creator stuff, they already went through that with the super hero game where it was even more blatant than this, even down to the name and remember how that went. Unless of course this is against the rule of their settlement agreement.
They probably wont bother going through that again as the one against COX and the copy cats, especially hulk clones, running around there down to the super jump animation, didn't make it. This one is even fuzzier as B&S is not even super hero genre.
Or they may wait until they have a slam dunk this time and then go for it.