U.S. Trademark Office Cancels Marvel and DC's "Super Hero" Trademarks
A U.S. Trademark Office tribunal has invalidated Marvel and DC's jointly-owned "Super Hero" trademarks at the request of a London-based comic artist. The ruling could have significant implications for the superhero genre.
In a significant development for the comic book industry, the U.S. Trademark Office's Trademark Trial and Appeal Board has invalidated a set of "Super Hero" trademarks jointly owned by comic giants Marvel and DC. The decision, made on September 19, 2024, came at the request of Superbabies Ltd, a company owned by London-based comic book artist S.J. Richold.
The ruling marks a potential shift in the landscape of superhero-themed intellectual property. Marvel, a subsidiary of Walt Disney Co, and DC, owned by Warner Bros Discovery Inc, have held these trademarks since 1967, using them to challenge numerous superhero-related trademark applications over the years.
The comic book industry has a rich history dating back to the early 20th century. The term "superhero" was first used in 1917, predating the establishment of both Marvel (founded in 1939 as Timely Publications) and DC (founded in 1934 as National Allied Publications). The first superhero comic book, "Action Comics #1" featuring Superman, was published in 1938, marking the beginning of the "Golden Age of Comic Books."
Superbabies Ltd, which creates comics featuring a team of superhero infants called the Super Babies, petitioned to cancel the marks in May 2024. The company argued that Marvel and DC cannot claim ownership over an entire genre with their trademarks, and that two competitors cannot jointly own trademarks.
The decision could have far-reaching implications for creativity and innovation in the superhero genre. Adam Adler, attorney for Superbabies, stated:
"This ruling 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."
This ruling comes at a time when superhero content is more popular than ever. The Marvel Cinematic Universe, which began in 2008 with "Iron Man," and the DC Extended Universe, launched in 2013 with "Man of Steel," have brought superheroes to the forefront of popular culture. Comic book sales hit a 20-year high in 2020 during the COVID-19 pandemic, demonstrating the enduring appeal of the genre.
The case, known as Superbabies Ltd v. Marvel Characters Inc, could potentially open up new opportunities for creators in the superhero genre. It's worth noting that the comic book industry has seen significant evolution over the years, from the introduction of the first female superhero, Fantomah, in 1940, to the rise of digital comics and webcomics in recent decades.
As of the time of reporting, representatives and attorneys for Marvel and DC have not responded to requests for comment. The full implications of this ruling on the broader comic book and entertainment industries remain to be seen.
