Their Kickstarter page says they're a husband and wife team (plus some help from freelancers and AI), so the latter outcome seems more likely than the former. They do intend to distribute the game for free, which... can work to avoid getting sued, but then there's all the money from the Kickstarter campaign.

I think it's a really cool project, and it's definitely the kind of thing I'd be interested in playing, but I would definitely hesitate to invest in the Kickstarer when a lawsuit seems pretty inevitable.