The world of superheroes is filled with iconic names—Superman, Batman, Spider-Man, Iron Man. But one of the most interesting legal and creative battles in comic book history revolves around a single name: **Captain Marvel.** What makes this story even more fascinating is that both DC and Marvel Comics once laid claim to it, leading to one of the biggest identity shifts in superhero history.
## The Origins – Fawcett Comics’ Captain Marvel
Back in the late 1930s, Fawcett Comics introduced a brand-new superhero named **Captain Marvel.** First appearing in *Whiz Comics #2* (1940), the character was actually young Billy Batson, a boy who could transform into a magical hero by uttering the word “Shazam!”
During the 1940s, Captain Marvel was a cultural phenomenon—at one point outselling even Superman. However, legal troubles soon followed. DC Comics (then known as National Comics) sued Fawcett, claiming Captain Marvel was too similar to Superman. After a long court battle, Fawcett eventually agreed to stop publishing Captain Marvel stories in the 1950s.
## Marvel Steps In – Securing the Name
Fast forward to the 1960s. Marvel Comics, always on the lookout for opportunities, discovered that DC had plans to bring back Fawcett’s Captain Marvel. But Marvel was one step ahead—**in 1967, Marvel trademarked the name “Captain Marvel.”**
This move was crucial. Under trademark law, a company must continuously publish works under a trademarked name to retain ownership. This meant Marvel needed to keep producing *Captain Marvel* comics regularly, or risk losing the rights.
Marvel quickly introduced their own character: **Mar-Vell**, a Kree warrior who debuted in *Marvel Super-Heroes #12* (1967). Over the years, the mantle of Captain Marvel has been passed on within Marvel Comics, with characters like Monica Rambeau, Genis-Vell, and Carol Danvers (the current Captain Marvel) taking up the title.
## DC’s Problem – Rebranding Captain Marvel
Since Marvel now legally owned the rights to the *name*, DC could not publish comics titled *Captain Marvel* even though they owned the original Fawcett character and his lore.
This created a strange situation:
* Inside the comics, Billy Batson could still call himself Captain Marvel.
* But on comic book covers, the title *Captain Marvel* could not be used.
To get around this, DC began publishing his stories under the title **Shazam!** in 1973. Over time, DC leaned into this branding so heavily that eventually, the character himself was officially renamed **Shazam**, aligning the hero’s identity with the magic word he used to transform.
## Why Marvel Must Keep Publishing Captain Marvel
Marvel’s ownership of the name comes with a condition—they must **continually publish comics** with the *Captain Marvel* title. If they stop for too long, they risk losing the trademark, opening the door for DC to potentially reclaim it.
This is why Marvel has ensured that *Captain Marvel* comics keep appearing, even if the stories weren’t always top sellers. By maintaining a consistent publishing presence, Marvel secures its legal claim to the name.
## The Legacy of the Name War
This trademark battle created one of the strangest quirks in comic book history:
* DC owns the **character** originally known as Captain Marvel.
* Marvel owns the **name** Captain Marvel.
The result? Billy Batson is now Shazam in DC Comics, while Marvel proudly carries the Captain Marvel legacy forward with Carol Danvers as the face of the franchise—especially after her role in the Marvel Cinematic Universe.
The Captain Marvel vs. Shazam story is a perfect example of how copyright and trademark laws have shaped the superhero genre just as much as creativity and storytelling. A single legal decision in the 1960s permanently changed the identities of two legendary characters and ensured that the word “Captain Marvel” would forever belong to Marvel Comics.
For fans, it’s a reminder that behind every superhero lies not only mythology and imagination—but also legal battles that define who gets to wear the cape, and more importantly, what they’re allowed to be called.
Why DC’s Captain Marvel Became Shazam – The Battle for a Name
