In 1939 Detective comics #27 and Black Book Detective magazine #3 introduced two similar characters with The Batman and The Black Bat. Both National Periodicals and Thrilling publications agreed not to sue each other as long as Batman Stays in COMICS and and The Black Bat stays in Pulps.
In 1943 National Periodicals would break this agreement with Columbia pictures movie serial Batman and would Start the trial of the Bat
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Batman's heights
By 1943 National Periodicals/DC was enjoying a series of successes. The merger with All American comics had given them the Justice Society of America. Wonder Woman had found her popular villains in the form of Dr. Psycho and The Cheetah The Superman radio show was still going strong and the animated serial by Max Fletcher was increasing sales and it seemed like the sky's the limit.

Batman had recently gotten a newspaper comic strip *in sydnacation proving his popularity with a larger audience than the comic readers and Columbia pictures showed interest in making a serial having had success with the likes of The Spider, The Shadow and Captain Midnight years ago. Batman was heavily into production of their 15-chapter theatrical serial when producer Rudolph C. Flothow, got a cease & desist letter from Thrilling Publications/Standard publishing about DC breaking their agreement. director Lambert Hillyer was told that it was to late halt production now however because of the scandal we are going to cut the budget we agreeed to and limit the chapters to 12.

Columbia would make an olive branch to Standard by promising a movie serial based on one of their comic or pulp characters in the future

* the Strip would only last a year as the risk of it being seen as a newspaper taking sides
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Rivals reaction
By 1943 Fawcett publications was the biggest comics rival to DC thanks in no small part to Republic pictures helping to make Captain Marvel and Spy Smasher as popular as DC's Superman and Batman and they recently introduced Mary Marvel to compete with DCs Wonder Woman (in Wow comics) and their own Superhero team with The Crime Crusaders Club (in Masters comics) to take on the Justice Society of America

However the partnership between Fawcett and Republic seemed to be fractured when C.C Beck got a call from William O'Sullivan.
O'Sullivan: What the hell we make a deal to sell your characters and you turn Wow comics into a girl's book!! When we were negotiating on Mr. Scarlet!
Beck (thinking fast): um you see, I don't know if you know about the uh lawsuit about Batman yeah well considering The pulp guys are suing over similar names and costume we didn't want to draw attention to our Masked crime fighting lawyer.
O'Sullivan: So that's what those Stooges at Columbia are panicking about he he, OK we will give it time to blow over but I want Scarlet to be on the cover by the time the trial blows over or we will give it to someone else. (Slams the phone)
C.C Beck hung up the phone truth was Mary Marvel was Wows cover girl because the Marvel family was selling comics but now he needed to bring Mr. Scarlet back without drawing attention to the lawsuit in motion maybe the creators would have an idea. Let's hope Jack doesn't have to much on his plate
Nedor Pulps

Leading up to to the trial Ned Pines the owner of Thrilling Publications and Nedor comics started producing their popular comic heroes into the pulp market including Black Terror, Captain Future, and Doc Strange having their own titles while American Eagle appeared in Backups for Phantom Detective and Woman in Red appearing in Thrilling Detective. The change was ment to be temporary but the fact that they were using the same writing team affected the comics quality and with the cost of the trial the Black Terror comics would be shelved by 44, while the pulps would be go on till 1950