Posted in: Comics, Comics Publishers, Current News, DC Comics, Marvel Comics | Tagged: ip, Super Hero, superhero, trademark

Default Judgment Asked Against DC & Marvel Over Super Hero Trademark

The US courts have been asked to give a Default Judgment against DC Comics and Marvel Comics over ownership of the Super Hero Trademark

In 1977, DC Comics and Marvel Comics launched the greatest crossover of all, between their legal departments. Co-operating over the registration of the trademark "superhero" which they decided to share. It was granted by US authorities in 1979/1980. And one they have successfully defended with their legal departments ever since, disputing numerous challenges in many countries.

Now a British comic book creator, Scott Richold of Superbabies Ltd, courtesy of Reichman Jorgensen Lehman & Feldberg, is challenging the trademark, telling an American trademark tribunal that "Super Hero" is a generic term that is not entitled to trademark protection, stating "DC and Marvel claim that no one can use the term Super Hero (or superhero, super-hero, or any other version of the term) without their permission," the petition said. "DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre." "By challenging these trademarks, we seek to ensure that superheroes remain a source of inspiration for all, rather than a trademarked commodity controlled by two corporate giants," Superbabies' attorney Adam Adler said in a statement.

The legal filing has been put together by a true comic book fan, happy to include panels from recent Ryan North Fantastic Four to make a point, as well as Brian Bendis and Mark Bagley's Ultimate Spider-Man.

As well as Silver Age Batman and Justice League Of America.

They also cite unchallenged use of the words "superhero" or "super hero" by other prominent publishers like Image Comics. As well as Marvel's own use in this comic book.

And company executives using "super hero" as a generic term. Including quite a few from Bleeding Cool favourite Tom Brevoort.

And now this week, Superbabies Limited has asked the court for a default judgment in their favour, stating that  DC Comics and Marvel Characters filed a motion to extend their time to answer the charges by the 24th of July, but had not done so, nor requested any further time to respond, and that as a result, they have defaulted. Could we be about to see the end of "super hero" as a trademark? Or will Marvel and DC get that extension? Here are a few examples of previous challenges…

• In 1996, an Australian company Hero Marketing Pty Ltd applied for a trade mark, opposed by DC Comics and Marvel and eventually  cancelled the trade mark.
• In 2004, another Australian company, Intrinsic Alliance Pty Ltd, applied for such a trade mark. DC Comics and Marvel Characters opposed it and the trade mark application was withdrawn.
• In 2005, Australian supermarket chain Metcash Trading Limited applied for a trade mark, for "Superhero Specials". DC Comics and Marvel opposed the application, and it was withdrawn.
• In 2006, a US company called The Lucky Drink Company Pty Ltd filed for "Superhero Beer" and "Superhero Cola". DC Comics and Marvel opposed the application, and it was subsequently withdrawn.
• In 2006, US comic book publisher GeekPunk was forced to change the planned title of their comic, Super Hero Happy Hour, to Hero Happy Hour after a trademark letter from Marvel and DC.
• In 2007 a trade mark for "Superhero Sam" was filed for charitable fundraising". The trademark was opposed by DC Comics, and in 2009, the actual trademark was transferred to DC Comics and Marvel. They own it now.
• In 2009, US company HP Assets Holdings Pty Ltd filed an application for "Superhero" for pizzas; in 2010, DC Comics opposed the trade mark, and it was withdrawn.
• In 2010, Ray Felix self-published "A World Without Superheroes" in the USA and applied for a trademark. DC Comics and Marvel applied for default judgment against Mr. Felix and were successful. Felix withdrew the application.
• In 2015, US company Tech Girls Movement Pty Ltd applied for the trademark "Tech Girls Are Superheroes", which was opposed by DC Comics and Marvel. The matter is ongoing.
• In 2016, DC Comics and Marvel's lawyers issued a cease-and-desist letter to British author Graham Jules, who had written a business start-up book for entrepreneurs called "Business Zero to Superhero". Jules applied to the UK Trade Mark Registry for orders that DC Comics and Marvel Entertainment's trade mark registration for "SUPERHERO" to be declared invalid. Despite Julles failing in court, DC Comics and Marvel gave up on their claims to Mr Jules, citing "commercial reasons."
• In 2016, a US company called Will & Caro Pty Ltd applied for the trademark "Superhero Pills", opposed by DC Comics and Marvel. The matter is ongoing.
• In 2019, The Best Of Organic registered a trademark for Superhero Organs, DC and Marvel opposed and the application was withdrawn.
• In 2020, Darnell Ferguson applied for the trademark "Superhero Chefs", opposed by DC Comics and the application was abandoned.
• In 2020, a US publisher Liquid Help drinks company of Florida, applied for a trademark for "Release Your Inner Superhero", opposed by DC Comics. The matter was settled, and no trademark was claimed.
• In 2022, Pow Entertainment applied for the trademark for Stan Lee's Superhero Kindergarten, opposed by DC Comics and Marvel. The application was abandoned.
• In 2023, a US company, Superhero Latina Entertainment, applied for the trademark, opposed by DC Comics and Marvel. The matter is ongoing.

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