#5

Issue number does not appear on the cover. The issue date is September 1967, however, the copyright date is 1966.

Myron Fass, the owner, and publisher of M. F. Enterprises had trademarked this Captain Marvel. Per articles in the Wall Street Journal (WSJ), Martin Goodman, owner of Marvel Comics, tried to purchase the rights to Captain Marvel from Fass for 6000.00 USD.

Fass rejected the offer and Goodman published Marvel Super-Heroes (Marvel, 1967 Series) #12 (December 1967) featuring their Captain Marvel anyway. Fass then sued in New York for trademark infringement Goodman, Stan Lee, Gene Colan, the printer Eastern Color Printing, and the distributor, Independent News Company.

Eventually, Fass settled out of court for 4500.00 USD, handing over the trademark to Marvel Comics. Fass was quoted as saying to the WSJ, "He was selling lousy, anyway," says Mr. Fass. "Of the 300000 copies of the last issue we distributed, only 70000 were sold."