Capes and Courtrooms: The Fall of the "Super Hero" Trademark

Superheroes have saved the world countless times. From the pages of comic books to the silver screen, these larger-than-life characters have become ingrained in pop culture. But now, the U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC.

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About the authors:
Sara M. Bauer
Lori B. Cohen

Transcript

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Superheroes have saved the world countless times. From the pages of comic books to the silver screen, these larger-than-life characters have become ingrained in pop culture. But now, the U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. 

The USPTO recently canceled Marvel and DC’s long-standing trademarks for "SUPER HERO" and "SUPER HEROES."  

Superheroes have always been more than just characters in comic books. They've become cultural icons, leading blockbuster movie franchises, TV shows, merchandise, and even video games. The superhero genre has expanded exponentially since its inception, capturing the imaginations of millions worldwide. 

Marvel and DC have played pivotal roles in this expansion. Owning iconic characters like Batman, Superman, Spider-Man, and Iron Man, these companies have dominated the superhero market for decades. Jointly holding trademarks for "SUPER HERO" and "SUPER HEROES" since 1967 allowed both of these publishers to maintain a firm grip on the genre. But the tides are changing. 

Recently, the USPTO's Trademark Trial and Appeal Board canceled Marvel and DC's trademarks for "SUPER HERO" and "SUPER HEROES." This decision emerged from a dispute between these comic book giants and a small company called Superbabies Limited, which produces stories about super-powered infants. 

Superbabies' creator, S.J. Richold, claimed that DC accused his company of infringement after they applied for the "SUPER BABIES" trademark. Knowing the history of DC and Marvel opposing related trademark filings, Superbabies took legal action. 

Superbabies petitioned the Trademark Trial and Appeal Board to cancel the "SUPER HERO" and "SUPER HEROES" marks. They argued that DC and Marvel should not be allowed to claim ownership over an entire genre. Additionally, Superbabies noted that as competitors, Marvel and DC could not jointly own the trademark without stifling competition. 

So, how did the superbabies fare in their stand against the giants? As it turns out, despite the high stakes, Marvel and DC did not respond to the petition. This lack of defense led the Trademark Trial and Appeal Board to issue a default judgment, canceling the trademarks

SUPER HERO and SUPER HEROES now enter the great and vast public domain, free from any chains and shackles, living among other giants in the public domain name like aspirin, escalator, zipper, and yo-yo. Now any mere mortal has unlimited rights to enter into the worlds of SUPER HEROES. 

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