Unmasking the Legal Battle Over the “Super Hero” Trademark

In a bold move that highlights the complex interplay of creativity, commerce, and law, a London-based comic book artist has recently petitioned the U.S. Patent and Trademark Office (USPTO) to cancel several trademarks on the term “Super Hero” in this Reuters report.  

What’s the Trademark Dispute About?

Super Hero may be considered a common language and has been under joint ownership of industry giants Marvel and DC Comics since 1967. The dispute underscores a broader discussion about the balance between protecting and monopolizing language and ideas in the creative industry. 

Scott Richold, though his company Superbabies Ltd, argues that “Super Hero” is a generic term and should not be exclusively controlled by Marvel and DC Comics. This action came after DC Comics accused Richold’s company of infringement for attempting to trademark “Super Babies,” a name for his comics featuring infant superheroes.  

This confrontation highlights a critical issue in intellectual property law: the tension between trademark protection and the need to keep generic terms free for public use.  

Read Our Blog: What Should You Do If You Receive a Trademark Cease-and-Desist Letter? 

Competitors Using Trademarks Against a Common Enemy: Innovation Outside the Media Conglomerates

Marvel and DC have historically used their trademarks to oppose numerous superhero-related trademark applications, essentially placing a chokehold on the term across the industry. This effectively allows the industry giants to monopolize the market to only allow their stories to be told underneath the trademark.  

However, the current challenge shows the unusual scenario where competitors jointly own a trademark, complicating the understanding that a trademark should identify a single source of goods or services.  

Read Our Blog: That’s Nacho Brand! Taco Bell & Taco John’s Fight Heats Up Over ‘Taco Tuesday’ Trademark 

Protecting Your IP From Trademark Disputes

The challenge against “Super Hero” trademarks illustrates the importance of ensuring that your IP practices do not overly restrict the broader creative landscape while still protecting your investments. This balance is delicate but essential for fostering innovation and competition within your field. 

At Richards Rodriguez & Skeith, we understand that intellectual property is not just a legal asset but a vital component of your business’s identity and market position. Our attorneys are committed to helping you navigate these challenges.  

From drafting and reviewing corporate documents to protect proprietary information, to structuring transactions that involve IP assets, our goal is to ensure that your creative and professional endeavors are secure.  

In cases where litigation becomes necessary, our IP attorneys are ready to defend your intellectual property rights in both federal and state courts. Contact our business law firm today to ensure your IP assets are comprehensively secured and managed.