- Comic book giants have lost trademarks over ‘super hero’ after legal ruling
- DC and Marvel have had the trademarks since the 1960s
- The ruling could have huge implications for smaller comic book creators
After having the terms ‘super hero’ and ‘super heroes’ trademarked for decades, Marvel and DC have lost this after a legal ruling.
Ownership of a genre
The case came about earlier this year after DC allegedly threatened legal action against SJ Richold, who writes the series Superbabies, for copyright infringement. But Superbabies retaliated, countering that Marvel and DC cannot “claim ownership over an entire genre.”
Now, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office ruled in favor of Superbabies. It can to this decision as neither Disney – which owns Marvel – nor Warner Bros, DC’s parent company, filed an answer to the request to invalidate the trademarks.
This means that Superbabies can now use the term ‘super hero’ freely. It also means that super hero is now in the public domain, so any company can use the term ‘super hero’. For Marvel and DC – who had held the trademarks since the 1960s – they can still use the term, but they just can’t stop anyone else from doing so.
Victory for the little guy
Law firm Reichman Jorgensen Lehman & Feldberg LLP worked on the case for Richold and Superbabies. In its cancellation petition, the law firm showed how Marvel and DC used the trademarks to stifle competition and oust small and independent comic creators.
“Securing this result is not just a win for our client but a victory for creativity and innovation,” said Adam Adler, lead counsel for Superbabies. “By establishing super heroes’ place in the public domain, we safeguard it as a symbol of heroism to all storytellers.”
Richold added: “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.”
