Captain Marvel had proven to be very successful for the company, and had, within two years of his existence, become its flagship comic book character and had been the first superhero to be adapted into film, in The Adventures of Captain Marvel.
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National appealed the decision in 1951 to the United States Court of Appeals for the Second Circuit, with famed Judge Learned Hand presiding.
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Beck and Binder created Fatman long after Beck's popular creation Captain Marvel was canceled partly due to a copyright infringement suit with DC Comics.