US Trademark Office Cancels Marvel, DC's 'Super Hero' Trademarks

A U.S. Trademark Office tribunal canceled Marvel and DC's jointly owned 'Super Hero' trademarks after the companies failed to respond to a request by London-based Superbabies Ltd, which argued the marks couldn't be owned collectively or monopolize the superhero genre. The ruling was 'not just a win for our client but a victory for creativity and innovation,' said Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg. 'By establishing SUPER HEROES' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.'
Reuters reports: Rivals Marvel and DC jointly own four federal trademarks covering the terms 'Super Hero' and 'Super Heroes,' the oldest of which dates back to 1967. Richold writes comics featuring a team of super-hero babies called the Super Babies. According to Richold, DC accused his company of infringing the 'Super Hero' marks and threatened legal action after Superbabies Ltd applied for U.S. trademarks covering the 'Super Babies' name. Marvel and DC have cited their marks in opposing dozens of superhero-related trademark applications at the USPTO, according to the office's records. Superbabies petitioned the office to cancel the marks in May. It argued that Marvel and DC cannot 'claim ownership over an entire genre' with their trademarks, and that the two competitors cannot own trademarks together.

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