They may, but I don't see them winning. Their claim has already been found to be contrary to the spirit of American copyright law, so they could only possibly appeal for an exception, which I doubt will be granted. Arrogance doesn't score a whole lot of points in court, and that whole bit about copyright law only applying to 'flat' characters elicited a snort of disbelief from this corner of the internet.
http://artsbeat.blogs.nytimes.com/201...