Marvel and DC Lose Their Super Hero Trademarks

The U.S. Patent and Trademark Office has canceled a long-held DC Comics and Marvel Comics trademark. The publishers registered a joint trademark of the word “Superhero” in 1977, eventually approved in 1979, and successfully defended it on multiple occasions until now.The law firm Reichman Jorgensen Lehman & Feldberg (RJLF) scored the landmark victory on behalf of its clients S.J. Richold and Superbabies Limited. They argued in their petition that “Super Hero”, “Superhero” or “Super-hero”, are generic terms that are not entitled to trademark protection. The petition states “DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre.” Superbabies Ltd then asked the court for a default judgment in their favor, which was granted after DC and Marvel failed to respond to court requests over the challenge to the joint trademark.Superbabie’s Richold also reflected on the victory over Marvel and DC. “Superhero stories teach us to stick up for the little guy, so it’s only fitting that the liberation of SUPER HEROES would come at the hands of The Super Babies-the littlest of them all. My hope is that this victory will encourage smaller companies to share their stories with the world,” he said.

The U.S. Patent and Trademark Office has canceled a long-held DC Comics and Marvel Comics trademark. The publishers registered a joint trademark of the word “Superhero” in 1977, eventually approved in 1979, and successfully defended it on multiple occasions until now.

The law firm Reichman Jorgensen Lehman & Feldberg (RJLF) scored the landmark victory on behalf of its clients S.J. Richold and Superbabies Limited. They argued in their petition that “Super Hero”, “Superhero” or “Super-hero”, are generic terms that are not entitled to trademark protection. The petition states “DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre.” Superbabies Ltd then asked the court for a default judgment in their favor, which was granted after DC and Marvel failed to respond to court requests over the challenge to the joint trademark.

Superbabie’s Richold also reflected on the victory over Marvel and DC. “Superhero stories teach us to stick up for the little guy, so it’s only fitting that the liberation of SUPER HEROES would come at the hands of The Super Babies-the littlest of them all. My hope is that this victory will encourage smaller companies to share their stories with the world,” he said.

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