The US Patent and Trademark Office has reportedly cancelled Marvel and DC’s joint ownership over several trademarks related to the words ‘Super Hero’ reports Reuters and Bleeding Cool.
Superbabies Limited, which produces a series of comics about superhero babies, challenged the two comic giants claim to the trademarks after DC tried to “block efforts to promote The Super Babies” comic claims the law firm Reichman Jorgensen Lehman & Feldberg (RJLF) representing the comic’s creator S.J. Richold.
They petitioned the office to cancel the marks in May, arguing the companies can’t “claim ownership over an entire genre” with their trademarks, and that two competitors cannot own trademarks together.
Marvel and DC reportedly didn’t respond to the challenge by a July 24th, 2024 due date, resulting in the trademarks cancellation according to the USPTO’s decision – allowing Richold and Superbabies Limited to freely use the term.
The office reportedly canceled four patents, the oldest of was for the trademark “SUPER HERO” registered in 1967. The two companies still co-own a “SUPER HEROES” trademark, registered in 2018, as well as a “SUPER-VILLAIN” trademark that they secured in 1985.
Adam Adler, lead counsel for Superbabies, stated: “Securing this result is not just a win for our client but a victory for creativity and innovation. By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
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