I don't like Warhammer either, but your ratings are way off... especially for graphics... Graphics in WoW looked old before it was even released. I don't care for the Warhammer graphics either, but at least the textures are sharper.
That's ok. I gave Wow high marks for graphics and mentioned as I did it, specifically because Northrend is beautiful and the game is forgiving with older hardware. I'm happy to admit however, that might not be a good enough reason to give it high graphic marks if you are judging graphics for graphics sake and segregating it from performance.
However, Warhemmer universe had some unique features (green skinned orcs, making humour by owerblowing some of the cliches of western fanstasy like bleeding heart elfs, etc). Blizzard tried to make an Warhammer game, and flatout copied Warhammer universe. I'm not a fanboy either way, and as such don't really care. Objectively looking though, it's pretty silly to see all these teenage WOW fanbois calling Warhammer ripping off Warcraft.
As Tolkien created or at least popularized the fantasy world of orcs, goblins, fairies, and elfs back in the 1930's, it would be hard to say that Warhammer and Warcraft are copies of each other, but more accurately they are copies of the The Hobbit/Lord of the Rings? I would think in any lawsuit, it would come down to "lore" and knowing nothing of Warhammer, I'd have to wonder are there any similarities in the two franchise's background stories?
BTW, I think the term "Hobbit" is protected intellectual property, but fairys, elfs, etc, have been around since forever handed down in folk lore and could not be protected in such a manner. But specific lore and places, as created by Blizzard or Warhammer, I'm sure is protected.