Super Loss for Marvel and DC? "Super Hero" Trademark Enters the Public Domain

Marvel and DC have reportedly lost their long-held trademarks for “Super Hero”. 

For decades, the two comic giants jointly owned the trademark, with DC using it for its DC Super Hero Cafe and Marvel using it for the Marvel Super Hero Adventures TV Show. However, after a legal challenge from a London-based comic book artist, the US Patent and Trademark Office (USPTO) officially cancelled the trademark.

It all started when Scott Richold, who writes a series of comics featuring superhero babies, applied for US trademarks for the “Super Babies” name. As reported by Reuters, DC reportedly threatened legal action against his company, Superbabies Ltd., for infringing the “Super Hero” marks. In response, Superbabies Ltd. filed a petition to cancel the trademarks.

After Marvel and DC failed to respond to the challenge, the USPTO ruled in favour of Superbabies and cancelled four trademarks owned by the two comic companies. This decision effectively puts the term “Super Hero” into the public domain. 

While Marvel and DC still retain other trademarks, such as “SUPER HEROES” and “SUPER-VILLAIN”, as confirmed by The Verge, the term “Super Hero” is now free for anyone to use. 

Adam Adler, Superbabies’ counsel, reportedly called this “a victory for creativity and innovation”.