The US Trademark Office has canceled “Super Hero” trademarks owned by comic book giants Marvel and DC. This decision was reached after a request from a comic artist in London. The order came on Thursday, September 26th.
The issue began with Scott Richold, a comic book writer. He writes stories about “Super Babies,” a team of superhero infants. Trouble started when DC accused Richold’s company, Superbabies Ltd., of using their “Super” trademarks without permission. This happened after DC noticed Superbabies Ltd. applied for its own trademarks in the US.
In May, Scott Richold’s legal team responded to DC’s claim by filing a petition. The petition urged the US Trademark Office to cancel the “Super Hero” trademarks and its variations. Richold’s team argued, “Trademark law does not permit companies to claim ownership over an entire genre. SUPER HERO is a generic term that should not be protected as a trademark.”
Marvel and DC failed to respond to the petition
The petition was presented to the US Trademark Office’s Trademark Trial and Appeal Board (TTAB). Marvel and DC were given a deadline to respond. They requested more time to prepare their answer, which the TTAB granted. However, the extended deadline passed on July 24th, and neither company responded.
Due to their failure to reply, the TTAB ruled in favor of Superbabies on September 26th, siding with Scott Richold’s company in the case of Superbabies Limited v. Marvel Characters, Inc. and DC Comics.
Marvel and DC have officially lost the trademark rights to the term "Superhero"
The term was co-trademarked by them since 1969, and will now officially belong to the public domain
Pretty big deal tbh, curious how this goes! pic.twitter.com/iUbyN5Hjux
— TRAFON(s Backup Account) (@RiseFallNickBck) October 2, 2024
Representatives and attorneys for Marvel and DC did not immediately respond to requests for comment. Adam Adler, the attorney for Superbabies from Reichman Jorgensen Lehman & Feldberg, said the ruling was “not just a win for our client but a victory for creativity and innovation.”
Adler stated, “By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
Marvel and DC jointly own four federal trademarks
The trademark for “Super Hero” was first registered in 1967 by Ben Cooper, Inc., which sold Halloween costumes featuring characters from both DC and Marvel. In 1972, Mego Corporation attempted to trademark the phrase “World’s Greatest Super Heroes” for a new action figure line.
Ben Cooper, Inc. challenged this, but Mego instead transferred its interest in the trademark to Marvel and DC as co-owners.
Choosing not to go up against the combined strength of these two comic book giants, Cooper withdrew its challenge and later transferred its own interest in the “Super Hero” trademark to both companies. This formed a unique partnership between the two rivals.
