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.

Stan Lee Column Calling Out the Dangers of Racism Resurfaces 50 Years Later

Frazer Harrison, Getty Images
Frazer Harrison, Getty Images

Fans looking to celebrate the work of Stan Lee following his death on Monday, November 12 have a lot to choose from. In addition to his enormous impact in the worlds of comic books, movies, and television, Lee was also a vocal supporter of civil rights. Now, 50 years after it was originally published, a column by Lee denouncing the dangers of racism has resurfaced on the web.

The column, part of his recurring back-of-the-comic segment "Stan's Soap Box," first appeared in 1968, according to Mashable. In it, Lee wrote that "Bigotry and racism are among the deadliest social ills plaguing the world today," and "The only way to destroy them is to expose them—to reveal them for the insidious evils they really are."

The full piece was recently shared in a tweet by filmmaker and writer Siddhant Adlakha. You can read it below.

The column was published at the tail-end of the Civil Rights Movement and the same year Dr. Martin Luther King Jr. was assassinated. Lee's words have continued to hold their relevance throughout the decades, with Lee himself sharing the article in a since-deleted tweet following the racially-charged violence that erupted in Charlottesville, Virginia in August 2017.

Numerous Stan Lee stories and creations have reached icon status over his 95-year life, but there are many interesting tidbits from his life that are less well-known. Here are some facts about the late comic book legend.

[h/t Mashable]

10 Amazing Facts About Stan Lee

BEHROUZ MEHRI/AFP/Getty Images
BEHROUZ MEHRI/AFP/Getty Images

Comic book legend Stan Lee’s life was always an open book. The co-creator of some of the greatest superheroes and most beloved stories of all time, Lee—who passed away on November 12 at the age of 95—became just as mythical and larger-than-life as the characters in the panels. In 2015, around the time of Marvel’s 75th anniversary, Lee had the idea to reflect on his own life, as he said, “in the one form it has never been depicted, as a comic book … or if you prefer, a graphic memoir.”

The result, published by the Touchstone imprint of Simon & Schuster in 2015, was Amazing Fantastic Incredible: A Marvelous Memoir—which was written by Lee with Peter David and features artwork by cartoonist and illustrator Colleen Doran. Here are 10 things we learned about Lee.

1. HIS WIFE WAS ALSO HIS BARBER.

As a bit of a throwaway fact, Stanley Martin Lieber (Stan Lee) revealed the secret of his slicked back mane on the second page of his memoir. “My whole adult life, I’ve never been to a barber,” he wrote. “Joanie always cuts my hair.”

2. HIS CONFIDENCE CAME FROM HIS MOTHER.

Lee wrote that as a child he loved to read books by Mark Twain, Sir Arthur Conan Doyle, Jules Verne, H.G. Wells, and others, and his mother often watched him read: “I probably got my self-confidence from the fact that my mother thought everything I did was brilliant.”

3. YOUNG STAN LEE WROTE OBITUARIES.

Before writing about the fantastic lives of fictional characters, Lee wrote antemortem obituaries for celebrities at an undisclosed news office in New York. He said that he eventually quit that job because it was too “depressing.”

4. CAPTAIN AMERICA WAS HIS FIRST BIG BREAK.

A week into his job at Timely Comics, Lee got the opportunity to write a two-page Captain America comic. He wrote it under the pen name Stan Lee (which became his legal name) and titled it "Captain America Foils the Traitor’s Revenge." His first full comic script would come in Captain America Issue 5, published August 1, 1941.

5. HE WROTE TRAINING FILMS FOR THE ARMY WITH DR. SEUSS.

After being transferred from the army’s Signal Corps in New Jersey, Lee worked as a playwright in the Training Film Division in Queens with eight other men, including a few who went on to be very famous: Pulitzer Prize-winning author William Saroyan, cartoonist Charles Addams (creator of The Addams Family), director Frank Capra (Mr. Smith Goes to Washington [1939] and It’s a Wonderful Life [1946]) and Theodor Geisel, better known as Dr. Seuss.

6. HE DEFIED THE COMICS CODE AUTHORITY WITH AN ANTI-DRUG COMIC.

In 1971, Lee received a letter from the Department of Health, Education, and Welfare asking him to put an anti-drug message in one of his books. He came up with a Spider-Man story that involved his best friend Harry abusing pills because of a break-up. The CCA would not approve the story with their seal because of the mention of drugs, but Lee convinced his publisher, Martin Goodman, to run the comic anyway.

7. AN ISSUE AT THE PRINTERS TURNED THE HULK GREEN.

The character was supposed to be gray, but according to Lee, the printer had a hard time keeping the color consistent. “So as of issue #2,” Lee wrote, “with no explanation, he turned green.”

8. HIS WIFE DESTROYED HIS PRIZED TYPEWRITER.

According to Lee, during an argument, Joanie destroyed the typewriter he used to write the first issues for characters including Spider-Man and The Fantastic Four. “This happened before eBay," he wrote. "Too bad. I could’ve auctioned the parts and made a mint.”

9. A FIRE DESTROYED HIS INTERVIEWS AND LECTURES.

When Lee moved his family to Los Angeles, he set up a studio in Van Nuys where he stored videotapes of his talks and interviews, along with a commissioned bust of his wife. The building was lost to a blaze that the fire department believed was arson, but no one was ever charged with the crime.

10. HIS FAVORITE MARVEL FILM CAMEO WAS BASED ON ONE FROM THE COMICS.

Beginning with the first Spider-Man film in 2002, Stan Lee has made quick cameos in Marvel films as a service to the fans. He said that his appearance in Fantastic Four: Rise of the Silver Surfer (2007) was inspired by the story of Reed and Sue Richards’ wedding in Fantastic Four Annual Volume 1 #3, in which he and artist/writer Jack Kirby attempt to crash the ceremony but are thwarted.

A version of this story ran in 2015.

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