It's obviously intended to be the same character... quite a different thing from a male and female with the same codename.Since there's NEVER been two of the same characters before
Klaw was introduced prior to getting his powers in Avengers, and is in his sound form in USM, so USM can't take place first.Who says they aren't the same character though? In EMH he has left the Frightful Four and look at how much older and deadlier he is in EMH. He is a seasoned villain because he has more years of experience.
The point is that it establishes that Cap is an active hero in USM's present day, which means it can't take place before Avengers.Cap has yet to appear in the show. We've only seen him in Peter's head as a "major hero".
Not only that, but it also proves another discontinuity: Iron Man is an established hero in USM, but just starting out in Avengers.
Maria Hill specifically mentions using the Avengers as an example for registering with SHIELD, so heroes whose identities aren't known like Spider-Man and the X-Men can be held accountable. If USM were to take place first in continuity, they'd already know his identity and how to get ahold of him.Said who? It was never said that S.H.I.E.L.D didn't know who Spider-Man was.