OOOOOOO, look what Amazon.com has listed for August, 06

[LtMarvel]

http://www.amazon.com/gp/product/1401207790/sr=1-1/qid=1139278820/ref=sr_1_1/102-4282697-6140939?%5Fencoding=UTF8


Captain Marvel Jr. Archives 1 (Archive Editions (Graphic Novels)) (Hardcover)
by Various (http://www.amazon.com/exec/obidos/search-handle-url/index=books&field-author-exact=Various&rank=-relevance%2C%2Bavailability%2C-daterank/102-4282697-6140939)
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Product Details


Hardcover: 240 pages
Publisher: Dc Comics (August 30, 2006)
Language: English
ISBN: 1401207790



Oooo to actually see "Captain Marvel, Jr." on the cover.....

[MWGallaher]

Oooo to actually see "Captain Marvel, Jr." on the cover.....
I think it's highly unlikely that we'll be seeing that as the actual title, since Marvel has a live trademark registration for "Captain Marvel" for "comic magazines and stories in illustrated form." They'd never let that get past their lawyers, and DC wouldn't risk the battle, which they'd likely, and properly, fail.

I'm betting it'll end up being "Shazam! The World's Mightiest Boy Archives Volume 1".

[dr_cyclops]

I vote for: "Shazam Jr. Archives". :D

[Bicycle-Repairman]

I think it's highly unlikely that we'll be seeing that as the actual title, since Marvel has a live trademark registration for "Captain Marvel" for "comic magazines and stories in illustrated form." They'd never let that get past their lawyers, and DC wouldn't risk the battle, which they'd likely, and properly, fail.

It's an interesting legal question. Does adding the word "Junior" to the end of "Captain Marvel" make it a completely new trademark? If not, could DC argue that Marvel's Wonder Man violated their trademark on Wonder Woman? Marvel may have the law on their side, but if they tried suing DC over the use of the title "Captain Marvel Jr." it would generate a lot of negative publicity, especially since Marvel stole the names Captain Marvel, Daredevil, Doctor Strange, Ghost Rider, Quicksilver, and Black Cat from defunct publishers.

[dr_cyclops]

From what I understand, DC is not allowed to use any of the original Fawcett comicbook titles to promote the Marvel Family in comic or other marketing formats (Movies, TV Shows, Merchandise). Since Fawcett had used just about every name and title (Captain Marvel Jr.), the only character left, was the wizard "Shazam".
How about we combine the names? From this day forward, they shall be known as "Captain Shazam" Captain Shazam Jr. and Mary, the Shazam Girl". We can rename the old wizard "Marvel". "With one over-copyrighted name, the original Captain Shazam". :D

[telle]

Marvel and DC have shared copyright on "superhero" so why not on this?

[Agentum]

I read somewhere that Marvel brought back Wonderman just because DC created Power Girl.

[LtMarvel]

It seems to me that DC and Marvel got their lawyers together in the 1970s to settle the use of "Captain Marvel" on the covers (the first couple issues of Shazam! has "Captain Marvel" on the cover!). How long that agreement is valid is unknown.

[hondobrode]

DC could certainly stand up to Marvel on this. They have the resources, and if it went to court, I'm pretty confident that DC would win, seeing as how the character was in existence long before there was a Marvel Comics imprint (though I'm sure someone will point out that Timely existed before Captain Marvel Jr, but not as Marvel).

The Mac Raboy art would be beautiful to behold indeed.

[InfoBroker]

Marvel and DC have shared copyright on "superhero" so why not on this?

No, they have a co-ownership on the Trademark to the usage of the word "super-hero" and its obvious derivatives within the realms of comic publishing. They get to keep it as long as they continue to make us of it in the legitimate marketing of their super-hero comics.


I'm pretty confident that DC would win, seeing as how the character was in existence long before there was a Marvel Comics imprint (though I'm sure someone will point out that Timely existed before Captain Marvel Jr, but not as Marvel).

Sorry to bash confidences, but for Trademarks, age of usage is irrelevant.

Trademarks fall out of protection from lack of use. When that happens, other can if they choose, establish a new trademark. Which is what Marvel did with "Captain Marvel, Daredevil, Doctor Strange, Ghost Rider, Quicksilver, and Black Cat." So in this case Bicycle-Repairman, they didn't steal anything.

DC did send out warnings about Avengers #9 shortly after it came out.

-jb the (don't take this as any form of legal advice) ib-

[MWGallaher]

DC hasn't shown any intention of challenging or testing Marvel's trademark since dropping "The Original Captain Marvel" subheading as of Shazam! #15 (aside from what was probably an accidental use of "Captain Marvel" in a speech balloon on a later cover of one issue that series. From then on, the covers referred only to "The World's Mightiest" "Mortal", "Boy", and "Girl".
Perhaps DC and Marvel could come to some contractual agreement allowing DC usage of the trademark in this case, but it strikes me as highly unlikely. Marvel must be indiscriminate in enforcement of its trademarks, or it will lose them. DC gains little if anything by using (and most likely paying Marvel for) the "Captain Marvel Jr." title, since the target audience already knows what the volume is reprinting (that is, there aren't a significant number of potential buyers that miss out because they didn't realize that "Shazam! The World's Mightiest Boy Archives Volume 1" was actually collecting Captain Marvel Jr.). And DC is already invested in associating the "Shazam!" trademark with the Marvel family; they don't want to use "Marvel" in any of their trademarks, because it will only increase the confusion in the wider public that "Marvel" publishes all American superhero comics (and yes, some people do think that. I've seen several articles in papers and magazines that credit Marvel as publishers of Superman.). Why would DC fight--and pay--for something they don't want in the first place?