The REAL Captain Marvel: Hilarious Comic Settles Whether DC or Marvel Can Claim the Hero Name

The drama around the name Captain Marvel is the stuff of legends, and now a hilarious comic settles whether DC or Marvel can claim the name. Both publishers have featured characters with the name Captain Marvel, but the legality of who can publish what is a messy one. Cartoonist Kerry Callen, of MAD Magazine fame, has released a comic that weighs in on the debate.

The Kerry Callen comic hilariously pokes fun at the debate surrounding Shazam and Captain Marvel. It depicts Loki, in his classic “villain” look, walking away from the Rock of Eternity, with the trademark for “Captain Marvel” firmly secured in his hands and a smirk on his face. The Wizard protests, telling Loki he will not get away with this. He goes on to say he is Shazam and the hero is Captain Marvel, who is standing behind him.

Meanwhile, Uncle Dudley calls Loki a “thief.”

Captain Marvel Was a Golden Age Icon

He Even Beat Superman to Live-Action

The saga of the “Captain Marvel” name is a long and winding one, tracing its roots back to comics’ Golden Age. Created by CC Beck and Otto Binder for Fawcett Publications, the Golden Age Captain Marvel first appeared in Whiz Comics #2, and became an overnight sensation. His whimsical adventures were all the rage, and in his heyday, Captain Marvel was outselling Superman. Captain Marvel is also notable for being one of the first live-action superheroes, starring in his own Saturday morning serial adventure. There was also a Captain Marvel fan club as well as merchandise.

Since Captain Marvel’s debut, Fawcett had dodged allegations the character was a Superman rip-off. The similarities are there: both are super strong and can fly, and both wear capes–but that is where it ends. The similarities are surface-level at best. However, the company that would one day become DC did not see it that way, and brought a lawsuit against Fawcett Publications, alleging plagiarism. The case dragged on in the courts for nearly a decade, bleeding Fawcett dry financially. This, coupled with a downturn of interest in superheroes, led to Fawcett ceasing publication in 1953.

From there, Captain Marvel, Mary Marvel and the rest of the Marvel Family slipped into obscurity, remembered and discussed only among older readers and in fanzines. Then, in the early 1970s, DC, looking for new properties, licensed Captain Marvel and some of the other Fawcett characters, and in 1973, DC released the first comic starring the character in nearly 20 years. The book featured some of DC’s top talent, including Denny O’Neill and Cary Bates, and was launched with a great deal of fanfare.

Marvel Beat DC By Creating Their Own Captain Marvel

Legends Say It Was Done to Secure the Trademark

There was just one problem plaguing DC before the launch: Marvel had secured the trademark to the name “Captain Marvel” years earlier. According to legend, rumors were swirling in the late 1960s and early 1970s that DC was seeking to license the character and publish new adventures. As the story goes, Marvel got wind of this and decided to create their own Captain Marvel. Instead of a young boy transforming into a muscle-bound hero, this Captain Marvel was an alien, a member of the Kree. While not initially popular, the character found his verve under writer/artist Jim Starlin.

Copyright and trademark law can be a touchy and nuanced subject, but Marvel clearly beat DC to the punch, forcing them to think of a work-around. Because Marvel secured the trademark before DC, they could not use the name Captain Marvel in the tile. When the book launched in 1973, it was titled Shazam, a stark contrast to the Golden Age, which prominently featured the name Captain Marvel on its covers and advertising. However, DC attempted to have their cake and eat it too by declaring him “the original Captain Marvel” on the cover, which was permitted.

Shazam ran into the late 1970s, but it was clear the creative team was having issues working the seemingly out-dated character into a more modern context. Shazam was canceled but went on to star in features in Adventure Comics. While the strip was titled Shazam, he was still called Captain Marvel. In the 1980s, DC incorporated Captain Marvel and his allies into the DC Universe proper in Crisis on Infinite Earths, even though they still did not outright own the character. Roy Thomas and Tom Mandrake attempted a modern reboot in the late 1980s.

However, by the 1990s, DC owned the character. They still had to refer to him as Shazam in the title, but still called him “Captain Marvel” in the stories. This holds true in Jerry Ordway’s Power of Shazam graphic novel and follow-up series. By the 2000s, the name “Captain Marvel” was increasingly downplayed, and by this point, many fans simply called him “Shazam.” When he was rebooted for the New 52, the name Captain Marvel was completely disposed of, and his new name was Shazam. Recently, in his new title, he has taken to calling himself “the Captain.”

Meanwhile, Marvel’s version would become integral to their universe. He headlined his own title for most of the 1970s but met his end in the Death of Captain Marvel graphic novel by Jim Starlin. Mar-Vell has the distinction of being one of the few comic book characters who have stayed dead. Since his demise, there have been others, including Monica Rambeau, Genis-Vell and Carol Danvers. Several incarnations of the character made it into 2019’s MCU entry Captain Marvel and its sequel The Marvels. Each version of Captain Marvel has ensured the character’s legacy.

Captain Marvel’s Name Leads to Questions of Ethics

Kerry Callen Calls Them Out in His Cartoon

The ethics of the trademark situation surrounding the name Captain Marvel are questionable. If the story of Marvel creating the character to simply secure a trademark is true, it was an extremely underhanded move. While it may have given the Marvel Universe some of its greatest heroes, it also effectively neutralized DC out of the gate. Even if the urban legend about Captain Marvel is not true, Marvel still had the trademark, and DC still would be unable to use the name in the title.

Furthermore, by not allowing DC to use the name Captain Marvel in the book’s title, Marvel hampered Shazam’s launch. While the character may have not seen the light of day in 20 years, some fans still remember him–but by the name Captain Marvel. These fans may not have known what Shazam meant, and thus skipped over the book on the stands. Shazam/Captain Marvel’s career has been hobbled by lawsuits and trademark disputes, and now Kerry Callen is calling it all out.

Callen’s cartoon leaves no doubt in fans’ minds over who should be called Captain Marvel. Loki, a classic trickster figure, is stealing the copyright right out from under Shazam/Captain Marvel’s noses. What is notable is that Callen chose to depict Loki in his classic villain appearance. Thanks to his appearances in the MCU, the publisher began softening Loki’s edges, making him slightly more heroic, but Callen invoked a classic look to make a point: Marvel outright stole the name CaptainMarvel, and he calls this out in a hilarious fashion.

Source: Kerry Callen