![]() Though, instead of returning to the legal battlefield, DC and Fawcett settled out of court. But that didn't stop DC, who attempted to appeal the judge's decision in 1952. Thankfully for the Captain, DC had failed to keep up with the copyright on Superman, and though it was decided that Fawcett had ripped DC off, the case was dropped a decade later. ![]() Not only that but their color schemes and personalities were different as well. Contrast this with Superman, an alien pretending to be human, and whose powers come from his alien biology. His alter-ego, Billy Batson, was an adolescent boy who used a magic word to gain his superpowers. For one thing, Captain Marvel wasn't "super" all the time. Of course, he kind of had, but the fact remained that Captain Marvel was also vastly different from the Man of Steel. In 1941, DC Comics (who were known back then as National Comics) sued Fawcett Comics for copyright infringement, claiming that Captain Marvel had been based on Superman.
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