Marvel and DC have lost their decades-long trademarks for the terms “super hero” and “super heroes.”
According to Reuters, DC had allegedly threatened legal action against S.J. Richold, creator of the Superbabies comic series, accusing him of copyright infringement. In response, the Superbabies brand argued that Marvel and DC couldn’t “claim ownership over an entire genre.” The United States Patent and Trademark Office’s Trademark Trial and Appeal Board ultimately ruled in favor of Superbabies after neither Marvel’s parent company, Disney, nor DC’s owner, Warner Bros., responded to the challenge to invalidate the trademarks.
Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg celebrated the ruling, calling it “not just a win for our client but a victory for creativity and innovation.” Adler added, “By establishing super heroes’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
While this ruling doesn’t prevent Marvel or DC from using the term “super hero,” it means they can no longer prevent others from incorporating the term into their own branding.
Google Play and the Google Play logo are trademarks of Google LLC.
