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When DC Sued Fox for Copying Batman #1 in Mystery Men #14, at Auction

After successfully suing Victor Fox over Superman similarities, DC Comics did it again over copying Batman & Robin in Mystery Men Comics.



Article Summary

  • DC Comics sued Fox over similarities between Batman and Robin and Fox's Lynx and Blackie the Mystery Boy.
  • Judge John Bright found Fox's Mystery Men Comics #14 and #15 copied key layouts and story sequences from Batman.
  • Detective Comics #38-41 and Batman #1 served as central evidence in this pivotal 1940s comic book copyright case.
  • Mystery Men Comics #14 stands out for its historic role in comic book copyright battles and Golden Age significance.

Detective Comics v Bruns Publications is one of the defining historical moments of modern American comic books.  In a judgment handed down April 2, 1939, Judge Learned Hand of United States District Court, Southern District of New York, ruled that Victor Fox's Wonderman character in Wonder Comics infringed on DC's Superman copyrights.  In a lesser-known but also important historical moment, DC Comics went on the offensive against Victor Fox again just three months later, this time over Batman and Robin.  In a decision finally filed in 1942, Judge John Bright of SDNY wrote, "A comparison of the cartoons of The Lynx with Blackie the Mystery Boy published by the defendant Fox Publications, Inc., in its magazine Mystery Men Comics, and distributed by the defendant Colonial News Company, Inc., with the cartoons of The Batman with Robin the Boy Wonder, published by the plaintiff in its magazines Detective Comics and The Batman, convinces me there has been a deliberate copying by the defendant of drawings and cartoons of the Batman and his companion Robin…"  One of the issues involved in the lawsuit is Mystery Men Comics #14 featuring the Lynx and Blackie the Mystery Boy, and there's a CGC FN+ 6.5 copy of Mystery Men Comics #14 (Fox, 1940) up for auction in the 2025 July 18 Golden Age Comics Century Showcase at Heritage Auctions.

Batman #1 vs Mystery Men #14 (1940).
Batman #1 vs Mystery Men #14 (1940).

Judge Bright went on to clarify the issues of each publisher's comic books in question as "The issues of Detective Comics of April, 1940 (on the newsstands March 6, 1940), of May, 1940 (on the newsstands April 5, 1940), of June and July, 1940 (on the stands respectively on May 3 and June 5, 1940); and in the spring issue of "The Batman" on the stands April 24, 1940. These publications were all duly copyrighted by the plaintiff. The infringing publications by the defendants were contained in the "Mystery Men Comics" August and September, 1940, issues."

This corresponds to Detective Comics #38-41 and Batman #1 from DC Comics and Mystery Men Comics #14, #15 from Fox Feature Syndicate.  While there's only a very general resemblance between Batman & Robin and Lynx & Blackie, there seems to be a focus on layouts and story sequences in the language of Judge Bright's decision.  For example, a glance through the issues in question reveals a panel in Mystery Men Comics #13 that's similar to the cover of Batman #1, and a sequence in Mystery Men Comics #14 that's similar to a sequence near the end of the first Joker story in Batman #1, among other similarities between the issues cited. A Fox Feature Syndicate comic book with vastly underappreciated historical significance, there's a CGC FN+ 6.5 copy of Mystery Men Comics #14 (Fox, 1940) up for auction in the 2025 July 18 Golden Age Comics Century Showcase at Heritage Auctions.

A vintage comic book cover from 'Mystery Men Comics #14' featuring the superhero Blue Beetle rescuing a policeman from danger. The vibrant red background includes stylized illustrations and text indicating the comic's price and publication details.
Mystery Men Comics #14 (Fox, 1940)
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Mark SeifertAbout Mark Seifert

Co-founder and Creative director of Bleeding Cool parent company Avatar Press since 1996. Bleeding Cool Managing Editor, tech and data wrangler, and has been with Bleeding Cool since its 2009 beginnings. Wrote extensively about the comic book industry for Wizard Magazine 1992-1996. At Avatar Press, has helped publish works by Alan Moore, George R.R. Martin, Garth Ennis, and others. Vintage paper collector, advisor to the Overstreet Price Guide Update 1991-1995.
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