The reign of DC Comics and Marvel Comics‘ “Super Hero” trademark is over. The two giants have lost their claim to the long-held joint trademark, after multiple successful attempts at defending it since 1979.
According to Reuters, the U.S. Patent And Trademark Office has enforced the cancellation in response to a challenge from Superbabies Limited. The company that produces a series of Superbabies comics about superhero babies posited that “Super Hero”, “Superhero” or “Super-hero” are generic terms that shouldn’t be subjected to exclusivity.
“DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre,” reads the petition. The default judgment of invalidating the patents was then granted in their favour when DC and Marvel failed to file an answer to Superbabies’ request by 24 July.
Now that others can use the terms, Marvel and DC will no longer enjoy trademark exclusivity. Reflecting on their win, Superbabies’ S.J. Richold said, “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.”
Outside of trademark registration, the two giants have also joined forces to feature their iconic characters in crossover titles over the years, with Superman vs. The Amazing Spider-Man, Batman vs. The Incredible Hulk, and JLA/Avengers being some of the more notable works.
Si Jia is a casual geek at heart – or as casual as someone with Sephiroth’s theme on her Spotify playlist can get. A fan of movies, games, and Japanese culture, Si Jia’s greatest weakness is the Steam Summer Sale. Or any Steam sale, really.
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Trinity Sun
