Marvel And DC Have Lost A Shared "Super Hero" Trademark First Registered In 1967

Marvel And DC Have Lost A Shared "Super Hero" Trademark First Registered In 1967

Marvel and DC have shared the "Super Hero" and "Super Heroes" trademarks since 1967, but both companies have lost that following a challenge from the creator of the Superbabies comic books. Check it out!

By JoshWilding - Oct 01, 2024 04:10 AM EST
Filed Under: Marvel Comics
Source: Reuters

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.

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ObserverIO
ObserverIO - 10/1/2024, 5:32 AM
Found these on e-bay recently.

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I think they're on YouTube too. Good adaptations. And that logo is boss.
Then there's the classic Mezco toys collection of course.

Since it was a joint Marvel/DC trademark, whenever anyone asks 'What's your favorite franchise Marvel or DC?' the answer could have been 'My favorite franchise is Super Heroes'. Until those pesky little Super Babies came along.
WruceBayne
WruceBayne - 10/1/2024, 5:33 AM
Yeah… I don’t think we’ll see a change in the status quo of comics because of this trademark usage.
MisterDoctor217
MisterDoctor217 - 10/1/2024, 6:07 AM
I always thought it was “Superhero” or “Superheroes” as one word. Why didn’t they trademark that in stead back then ? Made more sense than the two word spelling. 🤔

But hey I guess now anyone can use any variation lol

OT: speaking of superheroes (and an anti-hero in this case) I had no idea A Punisher movie had already been made with Dolph Lundgren!!!
That blew my mind as I always thought Thomas Jane’s Punisher movie was the first time we had seen the character in live action.
So crazy !
I’m tempted to see it but I just don’t know if it’s good or not since apparently it didn’t really make any noise back then.
ObserverIO
ObserverIO - 10/1/2024, 8:12 AM
@MisterDoctor217 - It's actually not bad. Cheesy '80s action movie stuff throughout, but it's pretty gritty and has some cool moments. Would love to see Dolph reprise the role as Old Man Frank in Secret Wars.
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MisterDoctor217
MisterDoctor217 - 10/1/2024, 10:09 AM
@ObserverIO -

So it is like a classic 80s movie ? Lately I’ve been into those so if that’s the case I’m in!!

I genuinely am surprised how I didn’t know about this!

And it would be cool to see all those actors who’ve played Marvel characters before , come back.

I’m going to try and check it out 🤔
AC1
AC1 - 10/1/2024, 6:34 AM
Honestly? Good. It's one thing for them to trademark specific characters, designs, etc, but entire generic concepts? That's ridiculous.
Reeds2Much
Reeds2Much - 10/1/2024, 7:11 AM
What this does mean is that a show like The Boys, for example, can now freely say "Super Hero" in place of "Supes."

No it doesn't since they could have always freely said super hero in the show/on the pages. Having a trademark just means a second party can't use it as a means to advertise their own product. The most relevant example is how Billy Batson's super hero identity for the longest time was Captain Marvel; DC could continue using the name all they wanted, they just couldn't put that specific name on the cover of the book which is why it was branded as Shazam. Also, reminder that in Raimi's Spider-Man Aunt May tells Peter that "You're not Superman, you know."

Realistically all the change in trademark means is that The Boys can make an advert calling itself a Super Hero Show.
slickrickdesigns
slickrickdesigns - 10/1/2024, 7:26 AM
I like the Boys calling them “Supes” better than Super Heroes.
But I never noticed this was an issue.
http://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcSzDqy9WavQuD-56HgA-3xaEs59hDjPGDy5og&s
SheepishOne
SheepishOne - 10/1/2024, 8:31 AM
Just wait until these characters start entering the public domain. Superman is first I believe, coming through in just shy of a decade.
ObserverIO
ObserverIO - 10/1/2024, 2:16 PM
@SheepishOne - I just can't wait until they start entering the pubic domain. No wait that's wrong.
sully
sully - 10/1/2024, 8:09 PM
@SheepishOne - Batman, Joker and Wonder Woman also become public domain in the following three years after Superman in 2034. But there are limitations. Each time a character goes though a redesign or major change, that new iteration has another 95 years before that iteration of the character becomes public domain. Example of this is Mickey Mouse. Only the Steamboat Willy iteration of Mickey is in public domain. Only Superman's original design from the late 30's will be in public domain. Interesting stuff.
sully
sully - 10/1/2024, 8:03 PM
Trademark and Copyright laws here in the US are oftentimes so ridiculous and they're always taken advantage of, example being idiotic cases like this one.

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