Marvel and DC lose trademark on "superhero"

Marvel and DC have jointly held the trademark for the word "superhero" since 1980, but no longer. The United States Patent and Trademark Office, in response to a petition from Superbabies, Limited, has canceled the trademark. Anyone can now produce works using "superhero" without fear of a lawsuit from either of the entertainment behemoths.

Superbabies filed a petition to invalidate the trademark after DC opposed their application to trademark "superbabies." In their petition, which is the most extraordinary legal document since Third Planet, Superbabies argued that "superhero" is a generic term, not subject to trademark. They also made some other excellent points, including:

Marvel and DC did not invent the concept of super heroes, superheroes, or the
superhero genre. The term in its varied spellings has origins dating back to at least 1909—decades
before DC or Marvel even existed. The first comic book characters to receive the super hero label
were not affiliated with DC or Marvel.

Trademark law also does not allow competitors to claim joint ownership over a
single mark. The purpose of a trademark is to identify a single source of goods and services.

It is time for DC and Marvel's villainous reign to end. SUPER HEROES belong
to the people—they do not belong to Marvel or DC, just as they do not belong to Dr. Doom,
Kingpin, or the Joker.

The petition also included several illustrative examples from Marvel and DCs own comics, which is a brilliant legal strategy and a fantastic troll at the same time.

The petition is a work of art, and the entire thing is worth reading.

Marvel and DC failed to answer the petition, resulting in a default judgment for Superbabies. Trademark registrations for "superheroes" and "superhero " have been canceled, allowing anyone to use the terms freely. Based on their online presence, Superbabies is not a very big organization. I applaud their audacity in taking on DC and Marvel in the first place, let alone in such a magnificent fashion.

via Reuters

Previously: NPR's Planet Money explores the economics of super hero intellectual property