Saturday, June 10, 2017

[Link] The “Superhero” Trademark: how the name of a genre came to be owned by DC and Marvel, and how they enforce it

by DG Stewart

Our publication has a category devoted to “superheroes”. It is a genre to which we have paid disproportionate attention, primarily because it is in English (the language of most of our contributors) and because of the sheer volume of superhero-genre material generated primarily by American publishers.

But what does the word “superhero” actually denote? The words “super hero” was first used in 1917, when it was used to describe a “public figure of great accomplishments”

In so far as use of the word “superhero” in the course of commerce is concerned, however, there is a severe limitation. The word “superhero” is jointly owned in many parts of the world by two US publishers, DC Comics and Marvel Characters Inc, an affiliate of Marvel Comics. The road to joint ownership of the word “SUPERHERO” in the United States is well-explained in this link.

But perhaps a more concise explanation comes from both DC Comics and Marvel themselves. The following paragraphs come from a United States trade mark notice of opposition filed by DC Comics and Marvel in May 2015:

Read the full article: