I have a question.
Would it be legally questionable for a 3pp publisher to release a PDF product that contained re-named and mechanically-different but thematically-similar races equivalent to Eberon's warforged, changeling, shifter, and kalashtar?
What about a product that contained a bunch of mechanically-different feats that gave you "marks" that, depending on your race, gave you special powers related to a theme?
Again, in either case the mechanics and names would be completely different from the mechanics and names used in WotC's Eberron Campaign Setting. The tone and theme would be near-identical, and clearly inspired by the material first published for the Eberron Campaign Setting.
Surely WotC doesn't have a copyright on the idea of hereditary tattoos or half-dopplegangers. Would such a product be legally legit without the express consent of Wizards of the Coast? Is there a precedent for such a thing?
Tred carefully upon copywright laws. It's murky.
If I were interested in doing something like that, I would first consult a lawyer who was an expert in matters of copyright.
I do know that there's at least one 3PP product that is clearly inspired by the non-open-content monsters from the 3.X Monster Manual (beholders, mind flayers, etc), but I don't know if that publisher had WotC's consent.
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Surely WotC doesn't have a copyright on the idea of hereditary tattoos or half-dopplegangers. Would such a product be legally legit without the express consent of Wizards of the Coast? Is there a precedent for such a thing?
A lawsuit could kill (well, financially) you before it would even reach the court, due to legal costs. You can win a lawsuit even if you're found to be wrong - you lose, sure, but the other side is broke, so you win anyway. US legal system is turbo nasty, and double turbo nasty in the insanely murky area of IP laws.
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I think its possible, for example Adamant's Tome of Secrets for Pathfinder has an Artificer class and Mutants & Mastermind's Book of Magic has Battle Brutes described as...
Their origin is lost in the mists of some distant world. Mystic adepts know magicians forged the constructs called Battle Brutes as warriors in a long-forgotten war. The so-called “War-born” were the ideal soldiers, feeling no pain, fear, pity, or compassion. They existed solely to destroy the enemy, and they did their job well, all too well.
However, doing so many close "homages" in a single product may well cause issue as the overall product would bear a greater resemblance to Eberron and WotC's IP.
As others have described I would tread carefully, especially if you plan to do this commercially.
Yeah, I'll join the chorus and suggest you be very careful skirting around WotC's IP. It isn't a problem for your home games, but as soon as you step into for-profit publishing, you'd make yourself a target.
Like Matt said, if you need a construct-based race, there are already Rite's Ironborn, Open Design's Gearforged of Midgard, Fat Goblin's Clockwork Ronin in their upcoming Steampunk Musha, and Dreamscarred's Forgeborn in their upcoming Ultimate Psionics. If you need a shapeshifter race, I think there may be one (not sure) in Open Design's Journeys to the West (also in their Midgard setting), the Skindancers in Wayfinder #7 (free), or maybe you could PM Matt to beta his shapechanger race. For a shifter replacement, consider the Wolf Shifter barbarian archetype in Wayfinder #5 (also free).
But I think a better question is: Why are you (considering) doing it? What is so fantastic/great about the Eberron setting that you can't come up with something just as evocative and fun, or moreso, with different flavor?