I briefly researched GotG and it seems there might be a way Disney could do this if Universal's Marvel contract has a date clause beginning in 97/98. While the IP's title dates from 1969 comics, it was apparently completely rewritten with new characters in 2008. The movie characters are based on the 2008 space version. It only becomes dicey with the title itself perhaps, but otherwise, not sure what to say.
So don't ever think I don't research an argument against myself.