The Litigious History of DC and Marvel’s Rival Captain Marvel Characters

Carol Danvers is just one of many heroes to hold the Captain Marvel mantle for Marvel
Carol Danvers is just one of many heroes to hold the Captain Marvel mantle for Marvel
Marvel Entertainment

Behind-the-scenes struggles and legal wrangling have played just as big of a part in the history of comic books as the colorful battles on the pages themselves. And one of the most complex and long-lasting disputes in the industry has focused on Captain Marvel—or at least the two distinct versions of the character that have coexisted in a state of confusion at both Marvel and DC for decades.

Like many comic book tangles, this dispute was made possible because of the debut of Superman. Soon after his first appearance in 1938's Action Comics #1, there was a deluge of knockoffs from publishers looking for a piece of the Man of Steel pie. Though most of these were fly-by-night analogues, Fawcett Comics’s attempt at its own superhero wasn’t an inferior model—it quickly became real competition.

ENTER: THE BIG RED CHEESE

Fawcett’s Captain Marvel was created in late 1939 by Bill Parker and C.C. Beck and debuted in Whiz Comics #2. On his first cover, Captain Marvel is shown carelessly throwing a car against a brick wall, as two criminals bolt out of the windows. In Action Comics #1, Superman made his debut by hoisting a similar car over his head and driving it into the Earth, as the criminals inside fled.

The similarities were unmistakable: Here were two caped strongmen with heroic squints and circus tights leaping around cities and battling mad (and bald) scientists. But while Clark Kent got his powers from his Kryptonian physiology, Captain Marvel was, in reality, a young boy named Billy Batson who would receive his powers by shouting the magic word “SHAZAM!” If Superman was the straitlaced Boy Scout, Captain Marvel earned his moniker of "The Big Red Cheese" through sheer camp, a wink, and a nod.

Seniority mattered little to young comic book readers, and once Captain Marvel found his footing, he was outselling Superman at the newsstand and beating him to the screen by receiving his own live-action film serial in 1941. But as Captain Marvel reached larger audiences, DC was in the midst of legal action against Fawcett for copyright infringement. The claim was simple: Captain Marvel was a bit too close to Superman for DC's comfort.

DC wanted Fawcett to cease production of the serial and comics by the early 1940s, but Fawcett fought to delay a court battle for years. It wasn’t until 1948 that the case actually went to trial, with the dust finally settling in DC's favor in 1954. Legally, Fawcett would never be allowed to print another Captain Marvel book. By now, though, the superhero market was near extinction, so for Fawcett, it wasn’t even worth it to appeal again. Instead, the publisher closed shop, leaving Superman to soar the skies of Metropolis without any square-jawed competition on the newsstands.

MARVEL CLAIMS ITS NAME

The next decade would see a superhero revitalization, beginning with DC’s revamped takes on The Flash and Green Lantern in the late 1950s, and exploding just a few years later when Timely Comics changed its name to Marvel Comics and launched a roster of heavy-hitters like The Fantastic Four, Spider-Man, and The Hulk, all by 1962.

Marvel was a buzzword again, and in 1966, a short-lived company called M.F. Enterprises tried to capitalize with a new character named Captain Marvel—generally considered one of the worst superheroes ever put to paper.

Marvel now needed to stop inferior comics from using its name on their covers, so it obtained the trademark for the Captain Marvel name and went about protecting it by introducing yet another character named Captain Marvel. This new alien version of the hero made his debut shortly after in 1967's Marvel Super-Heroes #12.

The character was born purely for legal reasons. According to comic book veteran Roy Thomas, Stan Lee only created a Captain Marvel at publisher Martin Goodman's insistence: "All I know is the basis of the character came from a resentment over the use of the ‘Captain Marvel’ name."

Comics are nothing if not needlessly confusing at times, and by the early 1970s, Superman wasn’t quite the sales force he used to be. In need of some fresh blood, DC turned to an unlikely source for help: Fawcett. The company had reemerged in the late 1960s as the publisher of Dennis the Menace comics, but its hands were tied when the superhero business revived since it was legally forbidden from producing new Captain Marvel books. So they did the next best thing by agreeing to license the character and his supporting cast to DC in 1973.

CAPTAINS IN DISPUTE

Now the world’s two biggest publishers both had high-profile characters named Captain Marvel. But there was a catch: Since Marvel owned the rights to the name, DC couldn’t call its new Captain Marvel comic Captain Marvel. Instead, all of his comics went by the title Shazam, as did the character’s live-action TV revival in the mid-1970s. Oddly enough, the name of the character himself was still—wait for it—Captain Marvel. So DC could retain the character’s name in the stories but couldn’t slap it onto book covers or TV shows. Only Marvel could monetize the name Captain Marvel.

Right after Captain Marvel’s first DC book launched in 1973, there was an immediate hiccup. The full title of the series was the slightly antagonistic Shazam: The Original Captain Marvel. That lasted all of 14 issues before a cease and desist order from Marvel turned the series into Shazam: The World’s Mightiest Mortal. Marvel, on the other hand, found itself in the position to keep its trademark by continuously pumping out more books with Captain Marvel on the cover, which is why the company’s history is littered with reboots and new versions of the character turning up every two years or so.

By the 1990s, DC had outright purchased its Captain Marvel from Fawcett, but it could barely promote him. There are only so many times you can put Shazam on a comic cover but refer to him as Captain Marvel on the inside without confusing your readers. So in 2012, DC and writer Geoff Johns decided to end the decades of confusion and simply rename the character Shazam, because, as John said, “everybody thinks he's called Shazam already.”

In 2019, these two characters that are seemingly forever linked will have another shared milestone when they both make their big screen debuts. Marvel’s Captain Marvel will hit theaters on March 8, 2019, with Brie Larson playing the Carol Danvers version of the character. And after nearly 80 years of switching publishers, changing names, and lengthy legal battles, Zachary Levi will play the title role in Shazam! a month later on April 5.

Everything You Need to Know About the New DC Universe Streaming Service

Brenton Thwaites stars in DC Universe's Titans
Brenton Thwaites stars in DC Universe's Titans
Warner Bros. Television

by Natalie Zamora

Although the fates of two major DC superheroes, Superman and Batman, are kind of up in the air right now as far as for their Extended Universes, things are looking up for the franchise, as their exclusive streaming service has just launched. Here's everything you need to know about DC Universe.

THE SIGNIFICANCE

With all the different types of streaming services we have today, why is DC Universe so special, and why would someone pay for it if they can find the content elsewhere? Well, this streaming service allows all your favorite DC content to live in one space. Instead of having to search for what you want throughout the internet, you can find it all here. For the die-hard fan, this is perfect.

DC Universe offers an impressive collection of live-action and animated movies, TV shows, documentaries, and comic books. The service also offers exclusive toys you can only get by being a subscriber.

THE CONTENT

Heath Ledger stars as The Joker in 'The Dark Knight' (2008)
© TM & DC Comics/Warner Bros. Entertainment Inc.

So, what exact DC content lives on DC Universe? Well, there's a range of content from recent to old-school, such as Batman: The Animated Series, The Dark Knight, Teen Titans, and Constantine. Apart from what's on there now, the service will be debuting the live-action Titans series later this year, along with Swamp Thing and Doom Patrol in 2019. DC is also developing new series for Harley Quinn and Young Justice: Outsiders, exclusively for the service.

THE PRICE

​To get all of this exclusive DC content, it must be expensive, right? No, not really. Compared to Netflix, which is $10.99 a month, DC Universe is inexpensive, at a rate of $7.99 monthly or $74.99 annually. It is a bit pricier than Hulu, however, which is $5.99 monthly for the first year, then $7.99 monthly after. Like most streaming services, you can also try a free seven-day trial with DC Universe.

HOW TO SIGN UP

​Are you sold? If so, the sign up process is fairly simple. Head to ​DC Universe, create an account, and choose your plan, either monthly or annually. Either way, you'll get your free seven-day trial to browse around and see for yourself if it's really worth it.

Why Fans Are Certain Tessa Thompson is Headed to the Avengers 4 Set

Disney/Marvel
Disney/Marvel

by Kwadar Ray

Tessa Thompson's Valkyrie did not appear in Avengers: Infinity War despite surviving Thor: Ragnarok. It was unclear if she was one of the few to endure Thanos's snap, or if she was one of the many casualties.

However, the Russo brothers and Infinity War screenwriters, Christopher Markus and Stephen McFeely, later confirmed that she was still alive in the movie's DVD audio commentary.

And now, the actress is teasing that she may appear in the untitled Avengers 4 movie. She posted a video to her Instagram story featuring her, Avengers star Chris Hemsworth, and his stunt double Bobby Holland Hanton leaving London after a day of shooting the Men in Black spinoff.

🎥| @tessamaethompson Via IG Stories. #ChrisHemsworth #TessaThompson

A post shared by Chris Hemsworth (@hemsworthphotos) on

Not only that, but Hemsworth previously said he would be heading from London to Atlanta to continue filming Avengers 4. Hanton's IG story showed Thompson stepping off the plane with them in Atlanta, and fans are unsurprisingly thinking this means Valkyrie will appear in the upcoming movie.

Fans are loving the idea of Valkyrie obliterating Thanos.

Avengers 4 is set for a May 3, 2019 release, and hopefully Thompson will be a key part in the fight against evil.

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