The U.S. Patent and Trademark Office has canceled the long-held joint trademark on the term “Super Hero” by Marvel Comics and DC Comics, following a legal challenge by Scott Richold of Superbabies Ltd.
This decision came after Marvel and DC failed to respond to court requests in time. The trademark, first registered in 1977 and approved in 1979, had previously allowed Marvel and DC to protect the term “superhero” from use by other companies.
However, Richold’s challenge argued that “superhero” is a generic term and should not be controlled by a few companies. The court’s ruling in favor of Superbabies Ltd means that “Super Hero” and related terms are now in the public domain.
This change will not affect Marvel or DC’s ability to print or use the term, but it opens the door for other companies to freely use “Super Hero” without legal repercussions.
Superbabies’ lead counsel, Adam Adler, hailed the ruling as a victory for creativity and innovation, ensuring that the term is available to all storytellers. Richold expressed hope that the decision will inspire smaller companies to share their superhero stories without fear of trademark restrictions.
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