Marvel and DC lose the ability to use the term “SUPER HERO” as a trademark

Marvel and DC lose the ability to use the term "SUPER HERO" as a trademark

As a seasoned gamer with years of comic book adventures under my belt, I must say that the recent revocation of Marvel and DC‘s trademark on “SUPER HERO” feels like a breath of fresh air. For too long, these giants have held the market hostage with their legal might, leaving little room for other creators to tell their stories.

As a gaming enthusiast, I’ve noticed that the term “superhero” gets thrown around quite casually. It usually conjures images of comic book legends like Batman or Spider-Man, all decked out in spandex. But when it comes to Invincible, created by Image Comics, or even Hellboy, born from Dark Horse’s imagination, I can’t help but consider them as superheroes too!

It seems clear, but unfortunately, the characters couldn’t be labeled as superheroes because Marvel and DC have held a shared trademark for the term “Super Hero” since 1967. In essence, a trademark is often a distinctive brand or symbol that represents a specific company, making it illegal for others to use it. For example, McDonald’s owns the rights to the golden arches, while Marvel and DC hold the rights to the term “Super Hero.

It was stated by The Verge that the United States Patent and Trademark Office has taken away a trademark they had, following a dispute between Marvel, DC, and a small company named Superbabies Limited over a comic series called Superbabies (which, as you might guess, features super-powered infants). The controversy ignited when Marvel and DC accused Superbabies Limited of trademark infringement. However, instead of backing down, the creator of Superbabies, S.J. Richold, chose to stand up for himself. In the end, the USPTO has granted him a victory in this legal battle.

Indeed, the decision appears to be less about the merit of the claim and more concerning Marvel and DC’s failure to respond by the set date: July 24th. It’s plausible that they might challenge this further, but given that attempting to trademark a term as expansive as “SUPER HERO” seems overreaching, it’s likely that they will choose to drop this matter.

Adam Adler, Richold’s lawyer, celebrated the success: “Obtaining this outcome isn’t just a triumph for our client, but a celebration of creativity and ingenuity. By asserting SUPER HEROES’ status as part of the public domain, we preserve it as a symbol of heroism accessible to all storytellers.” Richold added his thoughts: “Superhero tales teach us to stand up for the underdog, so it’s only appropriate that the freedom of SUPER HEROES would be granted by The Super Babies—the tiniest heroes. I hope this victory will inspire smaller companies to tell their stories worldwide.

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It’s hard to believe that Marvel and DC would suffer significant harm from losing the trademark for “SUPER HERO.” After all, wasn’t the idea of a comic book called “Superbabies” ever going to jeopardize the box office success of movies like Deadpool or Wolverine? It just seems rather trivial.

It seems that both Marvel and DC have shared ownership of trademarks for phrases like “Super Heroes” and “Super-Villain.” Personally, I think it’s time for us to part ways with them all.

2024-09-30 18:41

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