Marvel/DC Trademark Over “Super hero” Challenged — Successfully
Marvel and DC Comics have asserted joint-trademark ownership over use of the word “super hero” for several years. They forced the creators of “Super Hero Happy Hour” to change the name of their comic to “Hero Happy Hour” in 2004. And they imposed similar restrictions on the creators of other “super hero” products.
But, according to The Telegraph, one businessperson refused to flinch.
Graham Jules was about to publish his self-help manual “Business Zero to Superhero” in 2014 when he got a letter from Marvel and DC Comics claiming the word infringed their jointly-owned trademark.
But modest Mr. Jules fought back and even rejected an offer of ‘a couple of thousand’ to change his book title.
Rich Johnson, commenting at Bleeding Cool, claims:
The legitimacy of the claim by Marvel and DC has often been challenged by commentators and many believe it would fail now.
By dropping the case, Marvel and DC avoid any judgment that others could then use against Marvel and DC. But it does also suggest that all someone has to do is let the case go to an official body and they’ll win.
Or even, just take the money when it’s offered. It’s possibly worth doing just for that.
Here are my thoughts…