How Marvel and DC Comics Gained – And Lost – The Super Hero Trademark

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Posted in: Batman, Comics, Comics Publishers, Current News, DC Comics, Marvel Comics, Spider-Man, Superman | Tagged: ben cooper, trademark

Over the weekend, Bleeding Cool reported that Marvel Comics and DC Comics had lost the rights to the trademark for “super hero.”

Over the weekend, Bleeding Cool reported that Marvel Comics and DC Comics had lost the rights to the trademark for “super hero.” But how did they get it in the first place?

It was the Halloween costume maker Ben Cooper, Inc., also credited with coming up with the idea for Spider-Man, that first trademarked the words “SUPER HERO” for their costumes after having then license from both Marvel and DC to create costumes of their characters in 1966 as well as FAMOUS HEROES. They had already been using the words on their products for years.

In 1972, Mego Corporation filed to register WORLD’S GREATEST SUPER HEROES as a trademark for toy figures. In 1973, Ben Cooper filed opposition, as well as registering the plural SUPER HEROES as a trademark for both costumes and toy figures. This was granted in 1975 for costumes, but the toys aspect took longer and got tied up in legal back and forth. So, in December 1975, Mego jointly assigned its interest in the trademark to their clients, DC and Marvel. They had both been upping their own trademark registration for all their characters, from Batman to Superman to Spider-Man, as both saw their licensing revenue outstrip what they earned from comic book publishing.

Cooper, also a Marvel and DC client, withdrew its opposition to the mark. And in 1977, Marvel and DC were jointly declared the trademark owners, and Ben Cooper surrendered the trademark for SUPER HEROES to them as well.

There is an apocryphal version of this story from comic book retailer Dennis Barger that saw Marty Abrams at Mego Toys claim that he trademarked the word “super-hero” to release his mixed cases of Mego Marvel and DC action figures. And that was when one of the companies found out and called the other to ask if they “gave him permission”. When they said no they both called him to ask, he said, “I just did it to secure the name, I sell it to both of you for $1”, they “agreed and proceeded to sue everyone for 50 years that dared use their mistake as a thx.” But I can find no evidence to back this up.

Subsequently, Marvel and DC each filed separate Superhero-related trademarks, seemingly testing each other before finally taking control of the situation. In 1975, DC Comics was selling trademarked SUPER HEROES belts and filed a registration for the category in 1976, as well as trademarking a logo for Superboy And The Legion Of Super Heroes. And Marvel filed to register MARVEL SUPER HEROES in 1978 for motion picture films and entertainment services. However, by 1978, DC had jointly assigned its interest in the belt trademark to Marvel, and it was not actually registered until August 1983. Marvel received its MARVEL SUPER HEROES registration in 1981 after Marvel included a statement from DC as its joint owner. DC registered the words LEGION OF SUPER-HEROES as well as the logo, in 1979, with the US trademark examiner feeling it may cause confusion with MARVEL SUPER HEROES. But the joint ownership of the SUPER HERO trademark settled that. So, as neither DC nor Marvel could easily register such trademarks without the other’s permission, they began to work together as a matter of course, and the joint registration of the SUPER HEROES mark for comic books in 1979 was registered for use in 1981, and it is still active today. The cooperation also led to the comic book crossover events between DC and Marvel in the seventies and eighties.

Marvel and DC were also registered as joint owners for WORLD’S GREATEST SUPER HEROES in 1977, until it lapsed in 1998. In 2008, Abrams Gentile Entertainment Inc. applied to register the mark MEGO – WORLD’S GREATEST SUPER HEROES for toy figures, but abandoned it in December 2009 after Lego, DC, and Marvel announced opposition.

Indeed, Marvel and DC Comics have been very successful in enforcing this trademark, and usually, a stiffly worded letter is enough to persuade a challenger to change their plans, especially when DC was owned by Warners and Marvel by Disney.

The first joint action from 1982 was against Leo A. Gutman, Inc., which planned to register the mark SUPER-ACTION HEROES. After negotiation, in December 1984, Gutman assigned its rights to DC and Marvel, which registered them in 1985. This set the standard for future attempted infringement, with DC and Marvel registering their interest in opposing such trademarks and the companies either abandoning or handing over the trademark.

Only one succeeded, BURGH MAN PITTSBURGH’S SUPER HERO, registered by Alan Mark Bedillion, because Marvel and DC extended their response period past the court’s allotted time period. That trademark continues to exist but only covers anti-drug education using juggling and skating, which is quite specific and unlikely to cause a conflict.

This is basically how the matter has stood for forty years… until this year, when one company chose not to abandon its trademark registration and called for a decision regarding the trademark. Now, the US courts have thrown the SUPER HERO trademark registration out.

The law firm of Reichman Jorgensen Lehman & Feldberg (RJLF) announced a landmark victory in its trademark case. It obtained an order from the U.S. Patent and Trademark Office cancelling Marvel and DC Comics’ joint trademark for the word “Super Hero” and thus allowing its clients, S.J. Richold and Superbabies Limited, to freely use the term.

Superbabies

This was granted after Marvel and DC failed to respond to court requests. And now the Super Babies can fly free… unlike the following which were defeated.

MISS B. FIT SUPERHERO OF FITNESS Education services 10/30/95.
SUPERHERO ATHLETICS T-shirts  2/18/97.
SUPERHERO SKATEBOARDS Skateboards 1/8/98.
SUPER HEROES Ice cream 11/30/00.
SOUPER HEROES Dips and chowders 7/14/99.
SUPERHERO SCHOOLEducation services 1/20/10.
WISHWONDERFUL, INCREDIBLE, SUPER HEROES Charitable services 8/22/01.
SUPER FLOSSMAN FROM ZERO TO SUPERHERO, Destist & services 10/28/05.
REAL SUPER HEROES ICE CREAM Ice cream 9/27/05.
CAPTAIN KIDZO AND THE READING SUPER HEROES Education 1/8/08.
COMPUTER SUPERHEROES Computer service 4/29/08.
TEACHERS ARE THE REAL SUPERHEROES T-shirts, pens, bags 4/8/07.
SUPER HEROES T-shirts 8/25/09.
GUNSTAR SUPER HEROES Video games 9/7/06.
SUPERHERO 7’S Gaming machines 5/10/06.
S.H.A.K.T.I. SUPER HERO ACADEMY… Education software 2/7/08.
SUPER HERO Sun care lotion 11/6/09.
YOUR HOME SUPER HERO Home repair 6/6/08.
SUPERHERO Beer 1/23/08.
DANGERMAN THE URBAN SUPERHERO Education  12/22/07.
SUPERHERO ARTIST MANAGEMENT Management services 3/3/08.
SUPERHERO MOMS Entertainment 10/1/08.
BECAUSE YOU DON’T HAVE TO BE A SUPERHERO… Bags 11/4/08.
SUPERHEROES OF SERVICE Telecommunications 8/20/09.
ARISTOTLE’S SUPERHEROES Video games 3/16/09.
SOUP A HERO Advertising and cafe services  5/21/09.
BE A SUPERHERO, HELP FIGHT CHILD ABUSE Clothing, public service 5/27/09.
SUPERHEROCharity fundraising 5/27/09.
POLLEN -FIRST ECO-SUPERHERO… Motion pictures 10/15/09.
GASTRONOMO THE CULINARY SUPERHERO Cartoon prints 12/11/09.
SUPERHERO PLUS+ Explosives 12/22/09.
MEGO – WORLD’S GREATEST SUPER HEROES Toys 12/21/09.
SUPERHERO Medical devices 10/16/09
SUPERHERO Carrying cases 4/8/10.

And plenty more since, especially after the explosion in superhero movies. Here is the most recent before Superbabies went the distance.

SUPERHEROINE ERA – NFTs 03/13/24

“}]] Over the weekend, Bleeding Cool reported that Marvel Comics and DC Comics had lost the rights to the trademark for “super hero.”  Read More