History
Fawcett Publications was founded by Wilford Fawcett in 1919 with the magazine Captain Billy's Whiz Bang and eventually expanded into a line of periodicals with a combined circulation of ten million a month. The company joined in the explosion of comic book publications in the United States in the late 1930s and early 1940s. Its initial entry, developed by writer Bill Parker and artist C. C. Beck, was Thrill Comics #1 (January 1940), a single issue of which was published only as an ashcan copy.[2] The content was then reworked (for example, the lead character of Captain Thunder was renamed to Captain Marvel) and published as Whiz Comics #2 (February 1940).
In addition to Beck, the line-up of artists who contributed to Fawcett Comics include Al Allard, Harry Anderson, Ken Bald, Phil Bard, Al Bare, Dan Barry, John Belfi, Dave Berg, Jack Binder, Alex Blum, Bob Boyajian, Bob Butts, Al Carreno, Joe Certa, Nat Champlin, Pete Costanza, Greg Duncan, Leonard Frank, Bob Fujitani, Till Goodson, Ray Harford, Bob Hebberd, John Jordan, H. C. Kiefer, Jack Kirby, Andre Le Blanc, Charles Nicholas, Carl Pfeufer, Mac Raboy, Pete Riss, Ed Robbins, John Rosenberger, Kurt Schaffenberger, Joe Simon, Jon Small, Ed Smalle, Jack Sparling, John Spranger, Chic Stone, Charles Sultan, Marc Swayze, Ben Thompson, George Tuska, Bill Ward, Clem Weisbecker, Burt Whitman, Reuben Zubofsky and Nick Zuraw.
The whimsical adventures of Captain Marvel and the Marvel Family (which included Captain Marvel, Jr., Mary Marvel, the Lieutenants Marvel, etc.) eventually outsold those of Superman. National Comics (as DC Comics was then known) sued Fawcett, claiming that the Captain infringed on the copyright of their original costumed superhero. National Comics' 1941 copyright hearing against Fawcett was dismissed on a technicality; the McClure Newspaper Syndicate had failed to include the proper copyright notice on many of the Superman daily newspaper strips.[3] On appeal, however, Judge Learned Hand ruled that this was not an indication of intent to abandon the Superman property, and since it had been revealed that certain Captain Marvel stories were copies of certain Superman stories, National Comics would be able to seek damages for the violation of the copyrights of those specific stories.[4]
Facing a declining comics market, in 1953 Fawcett Comics ceased publication of its superhero titles and settled the ongoing case (the non-comic book divisions of Fawcett continued to publish). Several of Fawcett's completed stories and artwork, as well as a few characters, were sold to Charlton Comics. Fawcett returned to publishing comics in the 1960s, mainly publishing Dennis the Menace and other such titles.
In 1967 Marvel Comics gained the trademark "Captain Marvel" with the publication of an unrelated character's series. In 1972 DC licensed — and in 1994, purchased — Captain Marvel and his related characters. Because of Marvel's trademark, DC has instead used the trademark Shazam! as the title of their Captain Marvel-related comic books and thus the name under which they market and promote the character.[5] In 1973,[6] Shazam and the Marvel family became an additional Earth (to the Pre-Crisis DC continuity), known for a period of time as Earth-S.
