Images copyright DC COMICS |
CAPTAIN THUNDER was his original name, but by the time he
appeared in WHIZZ COMICS #2 (there was no #1), his name had
been changed to CAPTAIN MARVEL. A couple of ashcan editions
were produced first to secure the copyright, but similarly-titled publi-
cations by rival publishers meant a change of name for the Cap's
debut before the public in 1939/'40.
Captain Marvel outsold SUPERMAN for a while, prompting
NATIONAL (DC) to launch a plagiarism suit against FAWCETT,
but the initial decision fell in the latter's favour. National appealed
and won - and although Captain Marvel himself wasn't found to be
a copyright infringement, it was felt that certain storylines and
situations might be, requiring a re-trial of the case to deter-
mine the facts.
However, because of the preceding seven years of litigation -
plus a decline in circulation of the CM titles over that time - Fawcett
decided it wasn't worth prolonging the battle and threw in the towel.
They discontinued their entire comics line and paid National $400,000
in damages - which tends to indicate that the legal fees must've been
enormous if paying such an astronomical sum to National was
considered the cheaper option.
National licensed the character from Fawcett for a revival in
1972, and finally acquired the rights to the Marvel Family line in
1991. Of course, there's still the MARVELMAN/MIRACLE-
MAN situation to consider, but I'll leave that for someone else
to get into as, frankly, I can't generate the energy to go into it.
Let's just look at the pictures, okay?
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