People keep using the "family" clause incorrectly. "Family" only appears twice in one paragraph which is specifically about freeing up Marvel characters not in significant use by Universal.
a. After such 2 year period, MCA’s exclusive rights will be subject to “shrinkage” or “expansion” as follows:
1) If no action is taken by MCA, such exclusivity shall be limited as follows:
i. East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. [For purpose of this subsection and subsection iv, a character is “being used by MCA” if (x) it or another character of the same “family” (e.g., any member of THE FANTASTIC FOUR, THE AVENGERS or villains associated with a hero being used) is more than an incidental element of an attraction, is presented as a costumed character, or is more than an incidental element of the theming of a retail store or food facility; and, (y) in addition, if such character or another character from the same “family” is an element in any MCA marketing during the previous year. Any character who is only used as a costume character will not be considered to be “being used by MCA” unless it appears as more than an incidental element in MCA’s marketing.]
The Inhumans have not been used by Universal...
- as more than an incidental element of an attraction
- presented as a costumed character
- as more than an incidental element of the theming of a retail facility
- as an element in any marketing the previous year
In other words: "Hey, Universal, if you don't want us to license certain characters to other theme parks, then you got to use the character in more than an incidental fashion."
So, we can't just keep expanding "family" to mean appearance in the comic books, but actual and significant appearance in the parks. Use them or lose them.
Doctor Strange was once an Avenger in the comic books, and so belongs to the Avenger family, but he was never used more than incidentally at Universal. So, we got the Doctor Strange streetmosphere at DHS. The Marvel Cinematic Universe is making just about every Marvel Character part of the family, but the Guardians were never leveraged at Universal, so, they could go to DHS.