It's not really ripping it off TDK since the writer and artist constantly name drop it and acknowledge it as inspiring their story in the first place. Also they named two of the characters after Miller and Jansen...
Anyways, aside from the initial concept of 'old/washed-up hero returns in dystopian future', the story isn't that similar to DKR. The characters are still uniquely Spider-Man-ish as are their problems, arcs, and themes within the miniseries.