Posted in: Comics | Tagged: Comics, dc, dc comics, superhero, trademark

How Far Will Superhero Creamery & T-Shirt Design Go Over Trademarks Against DC Comics?

Published Sat, 27 May 2017 12:00:36 -0500

Last updated Sun, 28 May 2017 08:12:43 -0500

Most trademark folk know the strange position that DC Comics and Marvel have found themselves, protecting and defending their joint claim to the trademark for the word "superhero". If you use the name for your business, especially if you try and trademark that word as part of your business, you'll get a letter demanding you stop. It's what trademark owners have to do in order to defend their claim to the trademark and to stop it becoming a generic, unclaimable phrase.

But the trademark claim to "superhero", especially a joint one, has often been declared legally tenuous. And recently, when it has gone to court, representatives of DC and Marvel have stepped back and abandoned their challenge.

Earlier this year, we reported on a challenge made to Superhero Creamery & T-Shirt Design. As is common, legal representatives asked from the trademark authorities for an extension of the timeframe to mount an opposition, and in January it was extended. But in May, as no opposition had been mounted, that extension was withdrawn, leaving Superhero Creamery & T-Shirt Design unopposed as a trademark.

Which seems to have made Superhero Creamery & T-Shirt Design a little cocky. As they have just registered a trademark for a new logo.

One that DC representatives have just asked for an extension to oppose, this time citing the Superman as well as the Superhero trademark. Something they have a much firmer grip on.

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