It was the 1940's. If Shazam came around in the 1960's or 70's, would there have been a lawsuit?
To me the similarities are minor. Both are super-strong, near-invunerable, can fly and wear dashing outfits. Shazam's origin and power-base is completely different, while Gladiator & all the Hyperion's are nudge-nudge-wink-wink riffs of Big Blue.
Marvel never sued DC over Guardian being a ripoff of Captain America, or Aquaman being a copy of Namor.
Originally posted by Milkie
NoIt seems like the official story from DC is that Captain Marvel is a Superman imitator. "Clash" even has Cap admitting it himself. But is that the real story ? Let's see... Superman was created first...but that's about it. Who was first to have a bald headed mad scientist for an enemy? Captain Marvel. Dr Sivana appeared in Cap's first story. Luther didn't appear until late 1940, months later, and he had a full head of red hair. It was only after Sivana became so popular with readers did DC make Luthor bald to copy him. Who flew first ? Captain Marvel was flying under his own power very early on while Superman was still only leaping an eighth of a mile. DC copied Fawcett again. Cap was also completely invunerable before Superman was... so DC had to do Fawcett one better by giving Superman super-senses. Capt Marvel Jr and Mary Marvel were created years before Superboy and Supergirl. Heck, even Hoppy the Marvel Bunny appeared before Krypto the Superdog! The classic SUPERMAN THE MOVIE seems to have borrowed from Captain Marvel as well as Superman comics: After Krypton explodes, Jor El becomes very much a Shazam like spirit who counsels Superman in a Fortress that is reminiscent of the Rock of Eternity. Miss Teschmacher is much closer to Beautia than any Superman comic book character. Even Otis seems more like a henchman you'd find in a Capt Marvel adventure. And just who was the very first comic book superhero to fly across the silver screen in live action. Not Superman, who made his live action debut in 1948...it was Captain Marvel in the classic Republic serial of 1941. In the 1970s, Clark Kent became a TV reporter in the comics. Billy Batson had been a TV reporter since the 1950s (and a radio reporter before that). I don't see how Capt Marvel is a Superman imitator...what I see is Superman wanting to be just like Captain Marvel...and THOSE are the FACTS !!
Real Talk
I used to like superman until the writers started writing integrating stupidity into his character by giving him such powers as t-vo and movement at speeds beyond light, and portraying him as a sissified teenager in smallville. And I always thought captain marvel to be a dorky looking hero until i read kingdom come. After that, it was "Damn, this guy's better than supes!"
But other than that, I prefer Captain Marvel because he's a more humble guy whereas Superman has this "I am more powerful than you'll ever be" attitude going on.