Posted in: Comics, Comics Publishers, Marvel Comics | Tagged: black panther, trademark

Gen-Probe Incorporated Oppose Marvel's Black Panther Trademark Over Sexually Transmitted Diseases

Published Sat, 15 Feb 2020 11:00:35 -0600

Given that a) it's named after an animal and b) a political movement, I'm surprised that Marvel Comics' extensive trademarking of the term hasn't been challenged more, even with Disney lawyers on their side. But that's what Gen-Probe Incorporated are doing.

Marvel made one of their massive trademark registrations for Black Panther for …

Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital video discs, mp3 files and mp4 files featuring live-action and animated motion pictures and shows, music and stories; audio books featuring fiction and non-fiction on a variety of topics; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music, stories, and games; musical recordings; downloadable electronic publications in the nature of comic books, comic magazines and stories in illustrated form; computer game software downloadable from a global computer network; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable video game software; downloadable computer game software; downloadable computer software for the administration of learning activities; encoded electronic chip cards containing programming to access and utilize music, stories, dramatic performances, non-dramatic performances, learning activities and electronic games; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; calculators; cell phone battery chargers; electronic personal organizers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; batteries for cellular telephones; cell phone cases; face plates for cellular telephones; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; decorative magnets; graduated rulers; microphones; protective covers and cases for tablet computers; radio frequency authentication device in the nature of identification tag readers and radio frequency transmitter; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes; protective helmets for sports; snorkels; swimming goggles; swim masks

I mean, that's a lot. And Gen-Probe Incorporated make something called Panther, a fully automated and integrated molecular testing platform. Designed to handle a wide range of testing needs, initially the FDA has cleared it to be used to test for chlamydia and gonorrhoea. And somewhere in that trademark dump is something they believe contravenes their trademarks for Panther, which they have trademarks registered for nucleic acids, chemical reagents and buffers for use with automated in vitro diagnostic specimen analyzer instruments for detection and assay of analytes for research use – and for medical diagnostic use.

Represented by Charles F Reidelbach Jr of Higgs, Fletcher & Mack of San Diego, the US government has given Gen-Probe Incorporated until April to file an opposition to Marvel's trademark. Wakanda forever?