Article Summary
- US Court cancels Marvel and DC’s joint “Super Hero” trademark after legal challenge.
- This opens the term “Super Hero” for public use, benefiting small creators like Superbabies Ltd.
- The case argued that “Super Hero” is a generic term, not deserving of trademark protection.
- History of Marvel and DC’s previous successes defending the “Super Hero” trademark outlines their tight control.
The law firm of Reichman Jorgensen Lehman & Feldberg (RJLF) has announced a landmark victory in its trademark case against comics publishers Marvel and DC Comics. They have 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 their clients, S.J. Richold and Superbabies Limited, to freely use the term.
This was granted after Marvel and DC failed to respond to court requests.
RJLF challenged the exclusivity of the SUPER HERO trademarks after DC attempted to block Richold’s efforts to promote The Super Babies—a team of superpowered superhero babies. In its cancellation petition, RJLF charted the history of the superhero trademarks and showed how Marvel and DC used the marks to stifle competition and oust small and independent comic creators.
Adam Adler, lead counsel for Superbabies, stated: “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.” RJLF client S.J. Richold explained, “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.”
They also issued the following image, paraphrasing the famous “No More Mutants” from Marvel’s House Of M….
Read the full report
https://bleedingcool.com/comics/us-court-states-marvel-dc-lost-super-hero-trademark/
