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The U.S. Patent and Trademark Office has canceled a long-held DC Comics and Marvel Comics trademark. The publishers registered a joint trademark of the word “Superhero” in 1977, eventually approved in 1979, and successfully defended it on multiple occasions until now.
The law firm Reichman Jorgensen Lehman & Feldberg (RJLF) scored the landmark victory on behalf of its clients S.J. Richold and Superbabies Limited. They argued in their petition that “Super Hero”, “Superhero” or “Super-hero”, are generic terms that are not 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.” Superbabies Ltd then asked the court for a default judgment in their favor, which was granted after DC and Marvel failed to respond to court requests over the challenge to the joint trademark.
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Marvel and DC can still use the terms but will no longer enjoy trademark exclusivity, as other companies can now use it as well. “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,” stated Adam Adler, lead counsel for Superbabies.
Superbabie’s Richold also reflected on the victory over Marvel and DC. “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,” he said.
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The two giant comic publishers, DC and Marvel, do not only collaborate to register trademarks. They have also teamed up through the decades to bring their iconic stable of heroes together in epic crossovers. The publishers’ latest collaboration arrived last month with the release of the DC Versus Marvel and DC/Marvel: The Amalgam Age Omnibuses. The DC Versus Marvel Omnibus collects crossovers between DC and Marvel characters, with stories including Superman vs. Spider-Man, Batman vs. Captain America, and the X-Men meeting the Teen Titans.
The DC/Marvel Amalgam Age Omnibus features stories of the two superhero universes fused in a new “Amalgam Universe.” Originally published as one-shot comics, these stories feature new heroes including Dark Claw (Batman and Wolverine), Super Soldier (Superman and Captain America), Iron Lantern (Green Lantern and Iron Man), and many others.
“}]] The U.S. Patent and Trademark Office cancels a long-held DC and Marvel Comics trademark for the term “Super Hero.” Read More