/>iThe 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.
Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and Green Lantern and more) and Marvel (Captain America, Spider-Man, Black Panther, Wolverine, The Avengers and more) have held joint ownership over the trademarks SUPER HERO and SUPER HEROES since 1967. Millions of kids grew up with dreams of becoming one, even donning capes and scaring their parents when trying to fly (down flights of stairs). But on September 26, the USPTO Trademark Trial and Appeal Board (TTAB) stripped those companies of their powers cancelling the SUPER HERO and SUPER HEROES registrations and paving the way for all others in the metropolises and galaxies to use these terms for their own heroic stories.
The decision was born out of a dispute between the two comic book titans on one side (whose IP rights now extend into mega-movie franchises, television, video games, posters, t-shirts, coffee mugs, toys, (and a nearly infinite number of other business ventures) worldwide and Superbabies Limited, on the other, a small company that produces comic book stories about super-powered babies.
Superbabies’ creator S.J. Richold claimed DC accused his company of infringement and threatened legal action after Superbabies applied for the SUPER BABIES trademark.
Knowing that DC and Marvel have opposed many super- and super hero- related trademark filings over the years, in May Superbabies took the battle to DC and Marvel, petitioning the TTAB to cancel the SUPER HERO and SUPER HEROES marks. In an illustrated Cancellation Petition well-worth reading (or, that reads like a graphic novel), Superbabies argued that the two companies should not be able to “claim ownership over an entire genre.” In addition, Superbabies noted that as competitors, DC and Marvel cannot be allowed to jointly own the trademark.
In a press release following the TTAB’s decision, the plaintiffs said Marvel and DC “used the marks to stifle competition and oust small and independent comic creators who could potentially create even more SUPER HEROES with even greater powers."
An answer to the petitioner was due on July 24. However, DC and Marvel did not respond and, thus, the TTAB issued a default judgement cancelling the SUPER HERO and SUPER HEROES registrations.
It is unclear why the two super companies did not show up to defend their marks. Perhaps they recognized that the terms SUPER HERO and SUPER HEROES are so common, generic, and diluted that they didn’t stand a chance of maintaining their powers over these words.
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.
