Is that the reason he isn't used? I thought he was dead.
I've never seen anything claiming Marvel didn't have the rights. After all, Hasbro only made the toy. Marvel Comics made the entire character and story behind the toy, something I'm sure they could surely use to claim the character as equally theirs as well. Maybe they don't want to split any profits?
Any info you could provide would be interesting on any legal information.
I think so. Sure, the story takes place directly after the Thanos Imperative, but has little to do with that story. There is also brief getting to know you stuff at the beginning, but nothing boring, all part of the story. This one is unique as it's own story, only 4 issues long, the only thing in common with all the precious cosmic arcs is that the universe needs to be saved....again.
There is also a additional story in the back with Rocket Raccoon and Groot. This will be a fan service, so new readers may or may not like the characters as much as those who know them. I'm pretty sure it is still set up at the start of the story to provide info for new readers.