Update: June 3, 2016
How the CAPTAIN MARVEL Name Ended Up With Marvel Comics
Marvel has officially published stories featuring seven — count ’em, seven — versions of Captain Marvel, and that’s not even counting any of the various alternate-universe incarnations. Why so many iterations? Well, basically, Marvel will lose its trademark on the name “Captain Marvel” if the company doesn’t publish a comic with that title every few years. But even then, why couldn’t they trot out the same version of the character every odd-numbered year or something? Because since the death of the original Captain Marvel in 1982, Marvel hasn’t had a Captain Marvel with staying power.
Until now. Carol Danvers has been a part of the Marvel Universe for nearly as long as the original Mar-Vell. She debuted in 1968, just a few months after Mar-Vell’s first appearance in late 1967. Though she’s had a few other names over the years (Binary and Warbird), Danvers has spent most of the past 35 years with the name “Ms. Marvel.”
Her DNA melded with with the original Captain Marvel’s after the accidental overloading of a Kree matter-shaping weapon, and she ended up with Kree-like powers. You can’t get powers in a more Marvel-like way, really.
But let’s talk about the weird story of how Marvel ended up with a character named Captain Marvel to begin with. Oddly enough, it’s because of DC Comics. In 1941, DC sued Fawcett Comics over that company’s Captain Marvel character (the one who said, “SHAZAM!”) claiming that he infringed on DC’s Superman copyright. The case dragged on for years, with Fawcett continuing to publish their Captain Marvel comics throughout. Finally, in 1952, the U.S. Court of Appeals ruled that Captain Marvel was indeed a Superman rip-off. It also found DC hadn’t done the due diligence to uphold its Superman copyright, which meant the court couldn’t actually stop Fawcett from publishing the comics.
Even so, sales of superhero comics were taking a nosedive in the early 1950s, and Fawcett wasn’t interested in paying for further court proceedings. The company settled out of court with DC and opted to cease publication of not just Captain Marvel, but all of its superhero books.
The name Captain Marvel was available, and by the time Marvel Comics was really taking off in the mid-1960s, it was in the company’s interest to snatch up any name with “Marvel” in it. So they trademarked it. Marvel didn’t actually publish a Captain Marvel comic, however, until DC made some noise about bringing back the Fawcett character, which they’d licensed. DC just couldn’t call the book Captain Marvel or advertise the name, hence the Shazam! title.
That’s how both companies could have characters named Captain Marvel, and it put Marvel in a peculiar predicament: Copyrights last for decades upon decades, but trademarks lapse if their owners don’t use them, which meant Marvel had to keep putting out a book with the title Captain Marvel every once in a while or risk the mark expiring, which would surely result in DC publishing a Captain Marvel comic (as opposed to a Shazam! comic).
The Messed-Up History Of Marvel’s ‘Captain Marvel’ And Why It Doesn’t Matter