I dunno. It seems most of it went Marvel's way. I'm not really familiar with any long-running DC expies on the scale of Squadron Supreme. One-shot and clearly joke characters may be protected by parody, and a character like Mongul was obviously influenced by (and created by the same guy as) Thanos, but he's not very similar. Squadron Supreme is way infringing though. Just tolerated.
So is Miracleman; explicitly so, since Mick Anglo just slapped a new name and costume onto Captain Marvel and somewhat retooled the concept to make him more British, more sciency and not in direct defiance of the infringement suit already leveled against Fawcett.
While it's probably the case he failed to distinguish the character any further from Superman (than he already was, the appellate order viz. National Comics Publ.
being a shit of a decision), but he definitely failed to distance him from Capt. Marvel.
In any event, I'd offer a nominal sum to license the name first.