USPTO Tribunal Cancels “Superhero” Trademarks: When Superbabies took down Superheroes
On September 26, 2024 a pivotal decision by the US Patent and Trademark Office (USPTO)’s Trademark Trial and Appeals Board (TTAB) resulted in the cancellation of four long-standing trademarks featuring the word “superhero,” jointly owned by DC Comics and Marvel Comics. This landmark ruling could significantly alter the landscape of the comics and broader entertainment industry.
So, what happened really?
The catalyst for the tribunal’s decision was a challenge from Superbabies Limited, a company producing comics about superhero babies. Superbabies’ creator, S.J. Richold, initiated the challenge after DC Comics attempted to block the promotion of his series, “The Super Babies.” Marvel and DC’s failure to respond to the tribunal by the assigned date led to the automatic cancellation of the trademarks.
Many are calling this a loss due to a lack of timely response from Marvel and DC themselves. The actual fact is that the two comic giants still retain a “SUPER HEROES” trademark from 2018 and the “SUPER-VILLAIN” trademark from 1985,
Let’s go back to the time when it all started. In 1967, DC and Marvel made an unprecedented move by jointly filing trademark applications for various iterations of the term “superhero.” The idea was simple. If anyone thinks of or reads the word ‘superhero’ they should draw a direct association to the superhero universe of Marvel &/or DC Comics. Traditionally, trademarks identify a singular source of products or services, making this joint ownership highly unusual.
Despite this, the USPTO approved their applications, and for 57 years, both companies enforced these trademarks to protect their interests in the superhero genre.
What’s the TTAB? Their Role and Authority
The TTAB operates as a specialized tribunal with the authority to determine the validity of trademarks. Unlike standard civil courts, TTAB tribunals cannot award monetary damages or assess claims of improper usage; their judgments are confined to the registration and cancellation of trademarks. Despite their narrow jurisdiction, their decisions carry significant weight, often requiring substantial resources from parties seeking to appeal.
Implications for the Comics Industry
The cancellation of these trademarks means that the term “superhero” is now in the public domain, allowing anyone to use it without fear of litigation. This opens up creative opportunities for new comic series and characters, reducing the linguistic gymnastics previously required to avoid trademark infringement. However, this ruling does not extend to specific characters like Superman or Wolverine, which remain protected under separate trademarks.
Future Challenges and Opportunities
While the immediate effect of the tribunal’s decision is clear, the long-term implications for DC and Marvel are complex. They retain the “SUPER HEROES” trademark, registered in 2018, and the “SUPER-VILLAIN” trademark from 1985. However, the loss of the “superhero” trademark could dilute their brand identity and market dominance.
This decision also underscores the importance of timely responses in legal proceedings. By missing the response deadline, DC and Marvel effectively handed the victory to Superbabies Limited. This case highlights the intricate balance of power within the TTAB’s jurisdiction and its potential to influence major industry players.
The TTAB’s ruling marks a significant shift in the comics industry, democratizing the use of the term “superhero” and fostering greater creative freedom. While DC and Marvel may appeal the decision, the cancellation stands as a reminder of the evolving nature of trademark law and its impact on popular culture.
Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg said in a statement that the ruling was “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.”
To know more about MikeLegal & our AI-powered automation for Intellectual property, Trademark Public Search, Infringement Analysis, and Image Recognition technology for more robust IP protection systems you can connect with us for any enquiries – at [email protected].
References:
- https://www.reuters.com/legal/litigation/us-trademark-office-cancels-marvel-dcs-super-hero-marks-2024-09-26/
- https://www.theverge.com/2024/9/29/24257677/marvel-dc-super-hero-trademark-canceled-challenge-superbabies
- https://www.absolutegeeks.com/article/tech-news/msi-enters-wifi-7-era-with-roamii-be-lite-mesh-system/
