I'm not sure what you're getting at exactly but it is well known that Blizzard's titles were directly inspired by the Warhammer and Warhammer 40k universes[1].
While the visual similarities haven't causes Games Workshop to complain about infringement from Blizzard (as far as I know) it doesn't mean that Games Workshop isn't complaining about infringement in this or other cases.
It's the art. Compare the screenshots of the various units to this:
http://warhammer40k.wikia.com/wiki/File:Ultramarine_terminat...