What Does It Mean For Marvel And DC Losing The Super Hero Trademark?

MarvelDC

Oct 4

Avengers — Image Source: *Marvel Database*

The trademark over the term ‘super hero’ owned by Marvel Comics and DC Comics has officially been canceled by the U.S. Patent and Trademark Office. Superbabies Ltd. and its creator initiated this request, and both parent companies, Disney and Warner Bros. failed to respond to the cancellation petition. This doesn’t mean that neither Marvel nor DC cannot use the term ‘super hero’ in their content anymore. Anyone can use the term and related terms, not only the two media giants. The genre superheroes belong to can more easily expand with the freedom that fair use of the term can bring.

The origin of this trademark goes back to 1977 when the two companies put forth a joint trademark registration, though the term has been used since at least 1899. For years, the two maintained dual ownership over the trademarked term with a legal basis. The case involving The Super Babies was first initiated by DC, with an accusation of violating their trademark rights.

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Reichman Jorgensen Lehman & Feldberg is the firm that represented Superbabies Ltd. during the suit, with Adam Adler as the specific attorney representative. Adler specializes in cases involving intellectual property and the rights of creators. The attorney stated the case’s outcome (via RJLF), "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."

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