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Since the late 1960s, two comic book publishers have had an edge on using the term “Super Hero” – but not anymore.
According to Reuters, a U.S. Trademark Office tribunal canceled a set of “Super Hero” trademarks jointly owned by Marvel and DC. For those who need a refresher, Marvel is home to the Avengers and in recent years has become even more well-known through the Marvel Cinematic Universe. DC is home to Superman, Batman and the rest of the Justice League.
Though the two companies are rivals, Marvel and DC jointly own four federal trademarks covering the terms “Super Hero” and “Super Heroes,” per the Reuters report. It said the oldest of which dates back to 1967.
That was 50 years after the term “superhero” appeared in 1917 newspaper reports about people going above and beyond to do good deeds, according to Comic Book Resources. Later, the phrase popped up in an advertisement for the Doc Savage radio serial. Comic Book Resources’ research indicates that “Super Hero” first appeared in a comic book in 1941’s Star Spangled Comics #7 from DC.
“When Joe Simon and Jack Kirby introduced the Guardian and the Newsboy Legion, as Jim Harper becomes the Guardian… he comments that his costume looks like a costumed ‘Super hero…’” the outlet explained.
Per the United States Patent and Trademark office, “a trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” It provides legal protection for brands and helps prevent counterfeiting and fraud.
“A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it,” said the office. “However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.”
USPTO records referenced by Reuters reportedly show that Marvel and DC have cited their marks in opposing dozens of superhero-related trademark applications. Then came a challenge from London-based S.J. Richold, creator of the “Superbabies” comics. Marvel and DC attempted to block Richold’s attempts to promote his comics, said Reichman Jorgensen Lehman & Feldberg – the law firm that represented Richold – in a press release.
Attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg wrote up a two-part series of articles for Escapist Magazine explaining “how the companies came to jointly own the trademarks and what they’ve done to guard that ownership over the years,” according to The Verge. Marvel and DC also co-own a “SUPER HEROES” trademark, registered in 2018, as well as a “SUPER-VILLAIN” trademark that they secured in 1985, said the outlet.
In May, Superbabies petitioned the office to cancel the “Super Hero” marks. It argued that Marvel and DC cannot “claim ownership over an entire genre.”
Reuters reported that Disney’s Marvel and Warner Bros’ DC did not file an answer to Superbabies’ request to invalidate the marks. Spokespeople and legal representation for Marvel and DC did not immediately respond to the outlet’s request for comment.
Adler said the Trademark Office Tribunal ruling 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,” he added.
So, will this impact Marvel and DC? Well… not very much, according to IGN.
“The loss of the trademark doesn’t mean they can no longer use the term super hero or anything along those lines,” the outlet explained. “It simply means the comic book titans can no longer stop others from using the term ‘super hero’ or ‘super heroes’ in their own branding.”
“}]] Since the late 1960s, two comic book publishers have had an edge on using the term “Super Hero” – but not anymore. Here’s why things have changed. Read More