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Iron Man Unit 007


Member Since: Thu Oct 20, 2011
Posts: 3,354


Yes Marvel has a Captain Marvel (not MAr-Vell, BOO!) and DC can't use the name due to Marvel having the trademarks.

Yet DC thinks Shazam is too close to Superman in terms of infringement.....

....which I can see to a point however there are differences between them too.

However money talks and Disney/Marvel have got money and successful movies unlike DC.

So perhaps the whole Captain Marvel trademark/ownership junk could now be resolved if DC receives enough cash? Bring SHAZAM as Captain Marvel into the MCU and comics.


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zvelf


Member Since: Sat May 17, 2008
Posts: 9,698



    Quote:
    So perhaps the whole Captain Marvel trademark/ownership junk could now be resolved if DC receives enough cash? Bring SHAZAM as Captain Marvel into the MCU and comics.


Why would Disney/Marvel want to spend money to confuse the Captain Marvel name more? They've got a big movie coming out called Captain Marvel that's not the DC Captain Marvel and that's going to stamp the name on Carol Danvers for the general public for the foreseeable future.



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The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461


Personally, I've always been of the opinion that DC shouldn't even try to call the guy Captain Marvel in stories. But I really cannot stand the character at all. The only Captain Marvel should be Marvel's.


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Reverend Meteor


Member Since: Sat May 17, 2008
Posts: 10,833




    Quote:
    Yes Marvel has a Captain Marvel (not MAr-Vell, BOO!) and DC can't use the name due to Marvel having the trademarks.



    Quote:
    Yet DC thinks Shazam is too close to Superman in terms of infringement.....



    Quote:
    ....which I can see to a point however there are differences between them too.



    Quote:
    However money talks and Disney/Marvel have got money and successful movies unlike DC.



    Quote:
    So perhaps the whole Captain Marvel trademark/ownership junk could now be resolved if DC receives enough cash? Bring SHAZAM as Captain Marvel into the MCU and comics.


https://www.youtube.com/watch?v=rWY47bW8K3s


Personally I think Marvel shouldn't have been allowed to make a Captain Marvel movie.

Billy was first. His movie should be called Captain Marvel.


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Reverend Meteor


Member Since: Sat May 17, 2008
Posts: 10,833




    Quote:
    Personally, I've always been of the opinion that DC shouldn't even try to call the guy Captain Marvel in stories. But I really cannot stand the character at all. The only Captain Marvel should be Marvel's.


That just seems unfair to me. I'm not a big Billy Batson fan either but he was here first.

I always thought it was crappy that DC wasn't allowed to call him Captain Marvel anymore.





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zvelf


Member Since: Sat May 17, 2008
Posts: 9,698



    Quote:
    That just seems unfair to me. I'm not a big Billy Batson fan either but he was here first.



    Quote:
    I always thought it was crappy that DC wasn't allowed to call him Captain Marvel anymore.


His name doesn't even make sense. What is he captain of? At least Steve Rogers and Carol Danvers and Mar-Vell were in their respective militaries.

And why are comics obsessed with "Captain" in character names? Captain Atom, Captain Britain, Captain Cold, Captain Universe? Shouldn't there be more Generals?



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Reverend Meteor


Member Since: Sat May 17, 2008
Posts: 10,833




    Quote:

      Quote:
      That just seems unfair to me. I'm not a big Billy Batson fan either but he was here first.

      Quote:

        Quote:
        I always thought it was crappy that DC wasn't allowed to call him Captain Marvel anymore.



    Quote:
    His name doesn't even make sense. What is he captain of? At least Steve Rogers and Carol Danvers and Mar-Vell were in their respective militaries.


He was created in 1939. Things didn't have to make sense then.



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Iron Man Unit 007


Member Since: Thu Oct 20, 2011
Posts: 3,354


DC bought up Fawcett comics trademarks but didn't use them so they lost the rights to title a book Captain marvel when Marvel swooped in and bought the rights as soon as they were available.

With trademarks and copyrights its use them or lose them. As long as Marvel publishes a captain marvel book at regular intervals even if it is reprints of Mar-vell stories, the trademark is theirs.

As to the movie trademark, I'm guessing it is separate from the book and Marvel secured it first.


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Happy Hogan 

Manager

Location: Northern Virginia
Member Since: Sat May 17, 2008
Posts: 3,915




    Quote:

      Quote:
      So perhaps the whole Captain Marvel trademark/ownership junk could now be resolved if DC receives enough cash? Bring SHAZAM as Captain Marvel into the MCU and comics.



    Quote:
    Why would Disney/Marvel want to spend money to confuse the Captain Marvel name more? They've got a big movie coming out called Captain Marvel that's not the DC Captain Marvel and that's going to stamp the name on Carol Danvers for the general public for the foreseeable future.


You're right, they wouldn't. In fact right now the CW seems to be working at adding to the confusion. They have deliberately called Supergirl's civilian identity Kara Danvers instead of Linda. Someone at Warner Bros was trying to get ahead of Marvel on this.






The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461


Well, with trademarks it's "use or lose." Copyrights are different. They remain for a set, specific amount of time after the owner dies, and you cannot lose them due to lack of use. Abandonment requires a specific statement of such.

And in the business world, trademarks are kind of more important.


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The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461



    Quote:


      Quote:
      Personally, I've always been of the opinion that DC shouldn't even try to call the guy Captain Marvel in stories. But I really cannot stand the character at all. The only Captain Marvel should be Marvel's.



    Quote:
    That just seems unfair to me. I'm not a big Billy Batson fan either but he was here first.



    Quote:
    I always thought it was crappy that DC wasn't allowed to call him Captain Marvel anymore.

Well, if you want fair, then the CM property might go back to Fawcett, imo. DC's questionable lawsuit is what stopped Fawcett's production back in 1953.

Heck, immediately prior to Mar-Vell, another company was using the mark.
https://en.wikipedia.org/wiki/Captain_Marvel_(M._F._Enterprises)
So, Marvel's Captain Marvel started in 1968. Shazam/CM didn't even belong to DC at the time. He was just floating in "unwanted land" waiting to become public domain.

Four years later, DC licensed the Fawcett characters. They didn't even come to own them for more than a decade after that. So, DC knew what they were getting when they bought the marks. If you buy my used car, knowing about the cracked engine block, it's all fair.

And yeah, I agree that it was silly to ever call him "Captain" in the first place. Everybody gets to be a captain in comic books. "Shazam" always made more sense to me.


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Reverend Meteor


Member Since: Sat May 17, 2008
Posts: 10,833





    Quote:
    And yeah, I agree that it was silly to ever call him "Captain" in the first place. Everybody gets to be a captain in comic books. "Shazam" always made more sense to me.


But Shazam was the wizard's name. So it didn't make sense.



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The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461


Yeah, but that wasn't his real name anyway.


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Reverend Meteor


Member Since: Sat May 17, 2008
Posts: 10,833




    Quote:
    Yeah, but that wasn't his real name anyway.


Well don't call call yourself Reverend Meteor. It's not my real name but I'm still stingy.





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The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461


The Wizard was just using the magical acronym, as well.


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CyberCoyote-=^..^-=

Moderator

Location: The Negative Zone
Member Since: Sat May 17, 2008
Posts: 4,318



    Quote:
    And yeah, I agree that it was silly to ever call him "Captain" in the first place. Everybody gets to be a captain in comic books. "Shazam" always made more sense to me.


I always liked Warbird more than Captain Marvel for her. And calling himself Shazam is like The Thing being called 'Clobberin' Time' or the Hulk being 'Smash'. Always thought it was silly, but it is what it is.

Still wish there was a REAL Mar-Vell in Marvel comics, he was such a cool character.






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The Black Guardian

Moderator

Member Since: Sat May 17, 2008
Posts: 24,461


Nah. "Shazam" isn't a verb.


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