A new Marvel and DC crossover event just took place. Only, we doubt either are happy it happened. The United States Trademark Office has cancelled the two companies’ joint ownership of the term “Super Hero.”
Reuters reports that a tribunal at the U.S. Trademark Office ruled against Disney and Warner Bros. after both failed to respond to an official request. The small London-based company Superbabies had challenged the long-held ownership of the term “Super Hero.” When the two conglomerates did not formally respond to the petition by the July 24, 2024 deadline, the Trademark Office formally ruled in favor of artist S.J. Richold and Superbabies Ltd. The term “Super Hero,” which Marvel and DC had both legally claimed since 1967, now enters the public domain.
In a press release, the lawyers for Richold and Superbabies (Reichman Jorgensen Lehman & Feldberg) said they filed their original petition after Disney and Warner Bros. “attempted to block” the artist’s attempts to promote his company. The law firm said they won their case by charting “the history of the SUPER HERO trademarks” and showing “how Marvel and DC used the marks to stifle competition and oust small and independent comic creators.”
RJLF also wrote this is a triumph for everyone who wished to tell stories about super beings. “Securing this result is not just a win for our client but a victory for creativity and innovation,” said lead attorney Adam Adler in a statement. “By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
What will this mean for Marvel and DC? They’ll continue to be billion-dollar behemoths who dominate the industry in all facets for many years. They just won’t be able to harass anyone else who tries to cut in on the super hero action.