For years, Marvel and DC Comics have held joint ownership over the trademark for the term “Super Hero,” restricting its usage across various media. However, in a landmark decision, the trademark has been revoked, allowing creators and companies to freely use the term without legal implications. This change could open up new possibilities for independent creators and smaller companies to explore stories centered around superheroes without the looming threat of legal action.
A U.S. Trademark Office tribunal has canceled a set of “Super Hero” trademarks jointly owned by comic giants Marvel and DC at the request of a London-based comic book artist, according to a Thursday order.
The USPTO’s Trademark Trial and Appeal Board ruled for S.J. Richold’s Superbabies Ltd, opens new tab after Disney’s (DIS.N), opens new tab Marvel and Warner Bros’ (WBD.O), opens new tab DC did not file an answer to Superbabies’ request to invalidate the marks.
Spokespeople and attorneys for Marvel and DC did not immediately respond to requests for comment. Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg said in a statement that the ruling was “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,” Adler said.
Rivals Marvel and DC jointly own four federal trademarks covering the terms “Super Hero” and “Super Heroes,” the oldest of which dates back to 1967.
Richold writes comics featuring a team of super-hero babies called the Super Babies. According to Richold, DC accused his company of infringing the “Super Hero” marks and threatened legal action after Superbabies Ltd applied for U.S. trademarks covering the “Super Babies” name.
Marvel and DC have cited their marks in opposing dozens of superhero-related trademark applications at the USPTO, according to the office’s records.
Superbabies petitioned the office to cancel the marks in May. It argued that Marvel and DC cannot “claim ownership over an entire genre” with their trademarks, and that the two competitors cannot own trademarks together.
The case is Superbabies Ltd v. Marvel Characters Inc, Trademark Trial and Appeal Board, Cancellation No. 92085201.
For Superbabies: Adam Adler of Reichman Jorgensen Lehman & Feldberg
About Author
