“Super Hero” Trademark Lost by Marvel & DC

By August Tales

Super Hero Trademark in Public Domain

Here’s a surprising fact to blow your mind: The term “super hero,” once jointly trademarked by Marvel and DC Comics, is no longer owned by these titans. A recent court ruling stripped them of their grasp on the phrase, pushing it into the welcoming arms of the public domain.

Challenge in Court Shifts Tides

Behind this surprising shift is a tenacious artist hailing from the United Kingdom. He took Marvel and DC to court over their ownership of the term “super hero.” In a surprising turn of events, when both eminent companies failed to make their case, the unsung protagonist emerged victorious. Consequently, the term “super hero” is now part of the global vernacular, free for public use.

Details from the Docket

This crucial update comes via Reuters, which affirmed that a tribunal from the U.S. Trademark Office stripped Marvel and DC of their trademark set related to the term “super hero.” The court’s judgment indicated that Marvel Characters Inc and DC comics failed to challenge the petition. As a result, the artist now stands unopposed.

The artist’s legal representative summed up the victory, saying, “By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism open to all storytellers.”

Super Babies vs The Giants

It’s important to note that Marvel and DC jointly held four federal trademarks for the terms “Super Hero” and “Super Heroes,” a legacy dating back to 1967. The British comic book artist, who created a series around a heroic infant ensemble dubbed the “Super Babies,” alleged that DC threatened his enterprise, Superbabies Ltd, with legal action for infringing these trademarks. This occurred when Superbabies Ltd. attempted to copyright the “Super Babies” name in the U.S.

Reuters reports that Marvel and DC have wielded their trademarks frequently to oppose other superhero-related petitions. However, in May, Superbabies challenged these marks. The company argued that Marvel and DC cannot claim sovereignty over an entire genre and competitors can’t jointly own trademarks. When Marvel and DC failed to counter-attack, the artist emerged triumphant, leading to the cancellation of the “Super Hero” trademarks by the U.S. Trademark Office.

While this turn of events sparks a new era in the world of super heroics, it also invites a shift in power dynamics. As the term “super hero” enters the public domain, we can only wait to see what fresh narratives cloudy this unboxed realm.