under copyright, and the finding that Captain Marvel was an infringement of that copyright was affirmed. Judge Hand did not find that the character of Captain Marvel itself was an infringement, but rather that specific stories or super feats could be infringements, and this would have to be determined in a retrial. He therefore sent the matter back to the lower court. Instead of trying to appeal the Second Circuit's decision to the Supreme Court or going through the damage assessment on how much of an infringement Captain Marvel was in district court, Fawcett decided to settle with National out of court. Superhero comics sales had decreased dramatically during the early 1950s, and Fawcett decided that it was not worthwhile to continue fighting National. National agreed to settle with Fawcett out of court, and Fawcett paid National $400,000 in damages and agreed to cease publication of all Captain Marvel-related comics. Results of the lawsuit Fawcett Comics ended up cancelling all of its superhero comics, selling the reprint rights for Hoppy the Marvel Bunny to Charlton Comics, who re-lettered the artwork to identify the strip as Hoppy the Magic Bunny. The entire creative staff of the comic book division was laid off, including noted comic book creators such as C. C. Beck and Otto Binder, and the comics division was shut down. L. Miller and Son, a small British publisher of black-and-white Captain Marvel reprints, adapted Captain Marvel into a derivative superhero, Marvelman, instead of folding their comic book business. This character enjoyed similar popularity in the 1950s and was revived in the 1980s, and itself became the subject of a copyright and trademark dispute after the publisher of its North American reprints ceased operations. Captain Marvel remained out of print for the rest of the 1950s and the entirety of the 1960s, a period during which superhero comics regained their popularity. In 1967 Marvel Comics trademarked a character of the same name for use in Marvel Super-Heroes #12, and a follow-up self-titled series, which created some difficulties when DC licensed the rights to all of Fawcett's superheroes in 1972, and revived Captain Marvel in a periodical entitled Shazam!. They also obtained reprint rights to the original Fawcett comic books, and began running older stories in their various reprint titles as well as Shazam! itself. However, the license agreement required a per-use fee for every appearance by a Fawcett character, which