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

US Court States Marvel And DC Have Lost Their Super Hero Trademark

US Courts have stated that Marvel Comics and DC Comics have lost their joint-owned Super Hero trademark, after they were challenged.

Published Fri, 27 Sep 2024 12:57:09 -0500

by Rich Johnston

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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.

Marvel And DC Comics Lose Their Super Hero Trademark — Court filings

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.

Super Hero Trademark — Superbabies victory lap

In 1977, DC Comics and Marvel Comics' legal departments co-operated over the registration of the trademark "superhero" which they decided to share. It was granted by US authorities in 1979/1980. And it is a trademark that they have successfully defended with their legal departments ever since, disputing numerous challenges in many countries, until today.

British comic book creator, Scott Richold of Superbabies Ltd, courtesy of Reichman Jorgensen Lehman & Feldberg, challenged 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 had 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.

Superbabies Limited had 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. Now they have an answer.

Here's a brief history of some previous battles over the trademark.

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.