If you've ever read a Marvel or DC press release, chances are you've seen the companies refer to characters like Spider-Man and Batman as "Super Heroes." "Super Hero" has, in fact, become the norm for how they each refer to their heroes, despite the fact most of us would write "superhero."
The reason for that is a trademark first registered in 1967. Ben Cooper, Inc. acquired it in connection with a line of superhero - sorry, Super Hero - Halloween costumes featuring both Marvel and DC characters.
Five years later in 1972, Mego Corporation tried to register "World's Greatest Super Heroes" for a series of action figures; Cooper objected and Mego ended up assigning its interest in the trademark jointly to Marvel and DC.
Realising that it was a fight he couldn't win, Cooper withdrew, and "Super Hero" has been shared between Marvel and DC ever since.
However, things have now changed. The U.S. Patent and Trademark Office has cancelled Marvel and DC's claim to four of their shared trademarks as a result of a challenge from Superbabies Limited, a relatively little-known company that produces comics about superhero babies.
Superbabies creator S.J. Richold challenged the claim after DC tried to block him from using "Super Babies." As neither Marvel nor DC responded to the challenge by July 24, the trademark has been cancelled and Super Hero and Super Heroes can now be used without fear or reprisal.
However, Marvel and DC still jointly own "Super Heroes" and "Super-Villain," though how much value any of these really have is up for debate. What this does mean is that a show like The Boys, for example, can now freely say "Super Hero" in place of "Supes."
Following the win, Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg shared a statement reading, "Securing this result is not just a win for our client but a victory for creativity and innovation. By establishing Super Heroes' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers."
"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."
Bleeding Cool has shared a fascinating history of the trademark which you can read here.