Marvel & DC Both Face Defeat After Losing ‘Super Hero’ Trademark

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Looks like the cape has finally come off the “Super Hero” trademark, and Marvel and DC are no longer the only ones with the power to wield it.

While these two comic greats are often on two sides of a coin, interestingly, they joined forces to co-own several federal trademarks covering the terms “Super Hero” and “Super Heroes,” dating back to as early as 1967. For decades, they stood shoulder to shoulder in defense of their claim to “Super Hero,” successfully fending off challenges. This legal hold on the term allowed the two companies to defend their exclusive rights against others, preventing broader use of the word in comic books and entertainment.

However, the US Patent and Trademark Office has now made the landmark decision to strip Marvel and DC Comics of their joint trademark on the term “Super Hero,” a title they’ve fiercely guarded since 1979, thanks to a challenge from Superbabies Limited, a company represented by law firm Reichman Jorgensen Lehman & Feldberg (RJLF).

This relinquishing of intellectual property power will spark a seismic shift in the comic book landscape, granting smaller and independent creators the right to use the term without fear of legal kryptonite.

Superbabies’ attorneys argued that “Super Hero” is a generic term that shouldn’t be subject to trademark protection. In their petition, they made the case that no company should have the power to claim ownership over an entire genre, and that the term belongs in the public domain. The court granted a default judgment in favor of Superbabies after Marvel and DC failed to respond, effectively allowing anyone to use the term freely moving forward.

Adam Adler, lead counsel for Superbabies, hailed the decision as a victory for creativity and the future of superhero storytelling. “By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers,” Adler added.

Superbabies founder SJ Richold echoed this sentiment, expressing hope that the ruling would inspire smaller companies to share their unique takes on the superhero genre.

“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,” shared Richold. “My hope is that this victory will encourage smaller companies to share their stories with the world.”

In a cheeky nod to comic lore, Superbabies released an image parodying the famous House of M storyline, proclaiming, “No More Superheroes… trademark!”

Image via Superbabies / Reichman Jorgensen Lehman & Feldberg

And while Marvel and DC can still use the term “Super Hero,” they will no longer dominate it. This opens up new possibilities for the genre, with more superhero narratives from smaller artists and publishers safely swooping into the universe.

[via Reuters, CBR, ComicBook.com, Bleeding Cool, images via various sources]