ARTICLE
15 October 2024

Marvel And DC Lose "Super Hero" Trademark Registration

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for "Super Hero" and "Super Heroes," which had been previously jointly owned by Marvel and DC Comics.
United States Intellectual Property

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for "Super Hero" and "Super Heroes," which had been previously jointly owned by Marvel and DC Comics.

The cancellations resulted from a petition filed by Superbabies Limited, a company producing comics about superhero babies. Superbabies initiated the cancellation action after DC Comics attempted to block the promotion of Superbabies' series, "The Super Babies."

Superbabies raised several arguments in its petition for cancellation. Chief among its arguments was that the phrases were generic, referring to a genre and character archetype rather than a specific brand. Superbabies supported this argument with historical evidence showing widespread usage in media and third-party products.

Superbabies also asserted that the joint ownership of the registrations by competitor constituted abandonment of any rights they could asset in the phrases: since both companies were entitled to use the phrases, the phrases could not function as trademarks because the use would not serve as an exclusive indicator of origin.

When Marvel and DC Comics failed to respond to the petition for cancellation, Superbabies moved for default judgment. Marvel and DC Comics also did not respond to Superbabies' motion, and the Trademark Trial and Appeal Board granted default judgment and ordered cancelation of the "Super Hero" and "Super Heroes" registrations.

While Marvel and DC Comics continue to jointly own several more trademark registrations, and independently own a number of "super" formulative marks, these cancellations still represent significant loss of rights in registrations that had existed for decades.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More