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US Court States DC And Marvel Have Lost Their Super Hero Trademark

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In 1977, DC Comics and Marvel Comics' legal departments co-operated over the registration of the trademark "superhero" which they decided to share. 
It was granted by US authorities in 1979/1980. And it is a trademark that they have successfully defended with their legal departments ever since, disputing 
numerous challenges in many countries, until today.

Article Summary
  • US Court cancels Marvel and DC's joint "Super Hero" trademark after legal challenge.
  • This opens the term "Super Hero" for public use, benefiting small creators like Superbabies Ltd.
  • The case argued that "Super Hero" is a generic term, not deserving of trademark protection.
  • History of Marvel and DC's previous successes defending the "Super Hero" trademark outlines their tight control.

The law firm of Reichman Jorgensen Lehman & Feldberg (RJLF) has announced a landmark victory in its trademark case against comics publishers Marvel and DC Comics.
 They have obtained an order from the U.S. Patent and Trademark Office cancelling Marvel and DC Comics' joint trademark for the word "Super Hero" and thus allowing 
their clients, S.J. Richold and Superbabies Limited, to freely use the term. Bleeding Cool previously covered the legal situation here.

This trademark cancellation was granted after Marvel and DC failed to respond to court requests.

read the full article here: LINK


Here's a brief history of some previous battles over the trademark.
  • In 1996, an Australian company Hero Marketing Pty Ltd applied for a trade mark, opposed by DC Comics and Marvel and eventually  cancelled the trade mark.
  • In 2004, another Australian company, Intrinsic Alliance Pty Ltd, applied for such a trade mark. DC Comics and Marvel Characters opposed it and the trade mark application was withdrawn.
  • In 2005, Australian supermarket chain Metcash Trading Limited applied for a trade mark, for "Superhero Specials". DC Comics and Marvel opposed the application, and it was withdrawn.
  • In 2006, a US company called The Lucky Drink Company Pty Ltd filed for "Superhero Beer" and "Superhero Cola". DC Comics and Marvel opposed the application, and it was subsequently withdrawn.
  • In 2006, US comic book publisher GeekPunk was forced to change the planned title of their comic, Super Hero Happy Hour, to Hero Happy Hour after a trademark letter from Marvel and DC.
  • In 2007 a trade mark for "Superhero Sam" was filed for charitable fundraising". The trademark was opposed by DC Comics, and in 2009, the actual trademark was transferred to DC Comics and Marvel. They own it now.
  • In 2009, US company HP Assets Holdings Pty Ltd filed an application for "Superhero" for pizzas; in 2010, DC Comics opposed the trade mark, and it was withdrawn.
 more here LINK

statistics: Posted by Mac8:26 AM - Sep 30 — Replies 3 — Views 279



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