Well, if there are characters that for one reason or other we cannot use.
Then I hope they list them so we know from the start to avoid them.

Like:

list of characters with no restriction
Spock
Kirk
whatever

list that we can mension but not deplict
Data
Troy
whatever

list of off limits characters
Ambasador puggy puggy :p
or whatever

The we can avoid all those copyright issues from the start.