On the picture, who is the person directly right of Gimli. I'm guessing it's Legolas but I thought he was generally dark haired in the art.

That's Legolas for sure. It's true that in this game he has been almost always represented with dark hair, but the thing is that in the books Tolkien never described his hair color, and there are some theories that say he should be dark haired and some that say he should be blonde. We will never know for sure, and personally I don't care which one they go for, all look right to me. In fact I like that they do variations from time to time, showing him with both hair colors in different cards, as it seems they made him mostly dark haired to deviate from the popular image from the movies, but the fact is that he has been generally represented with blonde hair since long before the movies. I recall almost every MECCG card showing Legolas having him with blonde hair.

Might want to post a ref picture when asking quesitons like this.

The art for Fellowship of the Ring was not commissioned by FFG:

The same art has been used for the main box art of the Lord of the Rings: The Confrontation board game for quite a while, which is by FFG. FFG just re-used the art. If they had commissioned it specifically for the LCG, they likely would have asked to make Legolas have dark hair.

While I was working out how to put the image up here Joezim007 beat me to it. The profoundly odd thing is that I was looking at that box set while I was in my FLGS buying The Road Darkens and didn't notice it's the same picture.