The U.S. Patent and Trademark Office has shaken things up in the world of comics today, as a long-held trademark by Marvel Comics and DC Comics has now been canceled. The announcement comes courtesy of law firm Reichman Jorgensen Lehman & Feldberg (RJLF), who have declared victory over DC and Marvel in a trademark case over the word Super Hero (via Bleeding Cool). The request was granted after DC and Marvel failed to respond to court requests over the challenge to the joint trademark, and now that it’s been canceled, RJLF’s clients S.J. Richold and Superbabies Limited can now use that term without issue.
A Joint Trademark
(Photo: Marvel, DC)
DC Comics and Marvel Comics registered a joint trademark of the word “superhero” in 1977, and it was eventually approved in 1979. Since then they have successfully defended the trademark multiple times, both stateside and internationally, but a new challenge to the trademark was made in May of this year.
That challenge was issued by Scott Richold of Superbabies Ltd, stating that “Super Hero”, as well as terms like “superhero” or “super-hero”, are generic terms that aren’t entitled to trademark protection. The petition states “DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre.” If you go through the complaint, you will find a host of examples from DC, Marvel, Image, and more utilized as proof of the core point.
(Photo: Reichman Jorgensen Lehman & Feldberg)
Superbabies Ltd then asked the court for a default judgment in their favor and stated that while DC Comics and Marvel Characters filed a motion to extend their time to answer the charges by the 24th of July, they had not done so or requested more time to respond. That led to today’s decision to cancel the trademark.
What This Means From Here
(Photo: Reichman Jorgensen Lehman & Feldberg)
This won’t affect Marvel or DC as far as what they can print or use, but it does mean that they no longer have ownership of that trademark, meaning that other companies can now freely use it. In a statement, lead counsel for Superbabies Adam Adler said this is a win for everyone, and makes sure the term Super Heroes has a home in the public domain.
“Securing this result is not just a win for our client but a victory for creativity and innovation. By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
“Superhero stories teach us to stick up for the little guy, so it’s only fitting that the liberation of SUPER HEROES would come at the hands of The Super Babies-the littlest of them all. My hope is that this victory will encourage smaller companies to share their stories with the world,” Richold said.
Superbabies released a new image that celebrated the win and also parodied the House of M No More Mutants moment, though instead of mutants it was “No More Superheroes…trademark!” You can check out that image above.
We break down what DC and Marvel losing the Super Hero Trademark means and what it affects Read More