The Name's Marvel... Captain Marvel.

Did you know that the original Captain Marvel is legally prohibited from using his own name on the covers of comics?

It all began in September 1941, when DC Comics sued Fawcett Publications for copyright infringement, alleging that Captain Marvel was a rip-off of Superman. Never mind that their origins, costumes, physical appearance, names, alter-egos, supporting casts, and so on were in no way similar. They both could fly, both were incredibly strong, both were virtually invulnerable, and both sold an astronomical quantity of comic books.

It was another seven years before the case actually came to trial in 1948, but in the interim, Fawcett's "World's Mightiest Mortal" Captain Marvel grew in popularity until he rivaled (and often beat) DC's "Man of Steel" in monthly newsstand sales.

The case was finally resolved in 1952. When the dust had settled, DC had won, and Fawcett agreed to cease further publication of the various Captain Marvel-related titles. As a result, Fawcett ultimately folded shop on its entire comic book line, acknowledging that it would not be financially viable to continue without their flagship character. An era had come to an end, and the Marvel Family faded into limbo.

Fast-forward several years. Marvel Comics becomes the next evolutionary successor to a comic book publishing empire launched in 1939 with Marvel Comics #1. Initially publishing under the name Timely Comics, with Marvel Mystery Comics as its core title, it morphed briefly into a proto-incarnation of Marvel Comics in the late 1940s before becoming Atlas for the decade of the '50s. The launch of a new line of superhero comics in Fall of 1961 brought the publisher full circle back to its roots, and was the impetus for the revival of the venerable Marvel Comics name as the new company identity.

Editor-writer Stan Lee had been with the company since the '40s, and was well aware of Fawcett's Captain Marvel. Lee watched the clock as Marvel Comics quickly grew to overtake and surpass rival DC Comics in popularity in the '60s. Then came the fateful day when the copyright to the legendary name lapsed.



December 1967 saw the publication of Marvel Super-Heroes #12, which introduced to the world the newly minted (and copyrighted) Captain Marvel. Bearing absolutely no resemblance whatsoever to the previous bearer of the name, this new Captain Marvel was an alien come to earth to infiltrate the US space program, to determine for the leaders of his militaristic race if our infant steps off our home planet presented a potential danger to the balance of power in the galaxy.

Ironically, in 1972, DC Comics acquired the publication rights to the Fawcett roster of characters, including the legendary Captain Marvel. Due to Marvel Comics' copyright on the name, however, DC was barred from ever using it in a comic book title, or as part of any product name or title. Comic books, statues, toys, action figures, etc. all carry the name or logo Shazam. In a minor concession, he can be referred to by his traditional name in interior story dialog only.

While Marvel Comics' original Captain Marvel died long ago in the first Marvel Graphic Novel, a succession of subsequent characters have continually borne the name, carefully ensuring that the copyright to the name remains securely in Marvel Comics' control. Most recently the earlier version returned in the Civil War event.

DC's most recent forays with the original character and his supporting players include The Trials of Shazam! and Shazam: The Monster Society of Evil. The whole Marvel Family also plays a pivotal role in DC's currently running, year-long Countdown event.