The whimsical adventures of Captain Marvel and the Marvel Family (which included Captain Marvel, Jr., Mary Marvel, the Lieutenants Marvel, etc.) eventually outsold those of "Superman". National Comics (as DC Comics was then known) sued Fawcett, claiming that the Captain infringed on the copyright of their original costumed superhero. National Comics' 1941 copyright hearing against Fawcett was dismissed on a technicality; the McClure Newspaper Syndicate had failed to include the proper copyright notice on many of the "Superman" daily newspaper strips. On appeal, however, Judge Learned Hand ruled that this was not an indication of intent to abandon the Superman property, and since it had been revealed that certain Captain Marvel stories were copies of certain Superman stories, National Comics would be able to seek damages for the violation of the copyrights of those specific stories.