I guess Disney could settle but they’re also the company that controls copyright law and will force daycares to paint over unauthorized paintings of their characters. I wouldn’t put much faith in a lawsuit.
I don’t think they even apologize when their mistakes get people killed.
You have to remember, the whole Daycare thing was during that dark time of 2000-2005 when Eisner's brain apparently broke. ABC or Disney couldn't release a damn thing without it being a commercial flop, and they were not bothering with, arguably, their most interactive medium the Theme Parks. They were slowly losing ground to UK-Based Tussards and various rivals in terms of global leisure share (Tussard's successor, Merlin holds the #2 spot and is still gunning to beat Disney eventually). Stocks were plummeting, revenues were down and things were starting to look bleak.
Roy C Disney helped steady the ship and put Disney back on track (mostly by getting shot of Eisner) and acquiring Pixar, Marvel etc. Thing is, the IPs of Marvel have proven
far more profitable than the comics lines themselves, the end result of the rot is that the films are multi-billion cash cows while the comics most certainly are not.
It doesn't help that the talent they currently have are all seemingly tone deaf morons who desperately try and blame "White males" despite the fact
good minorities comic books sell well compared to their stablemates.
To be honest, the best thing Marvel could, and should, have done, is go back to basics by launching an MCU-related series of titles focusing on other heros (and villains) that have only gotten tiny screen time, and the wider world of Marvel's Earth. Also go back to ultra
ultra basics and start selling from newstands/newsagents again. Because piracy and scans might still be a problem, launch a crunchyroll style subscription service for people to be able to read shit on their mobiles and tablets. You'd probably pick up new customers by the
thousands.
Heck, this plan could still be done now as we're only just in the middle of Phase 3.