A U.S. Trademark Office tribunal canceled a set of “Super Hero” trademarks jointly owned by comic giants Marvel and DC, following a request by a London-based comic book artist, according to a Thursday ruling. The USPTO’s Trademark Trial and Appeal Board ruled in favor of S.J. Richold’s company, Superbabies Ltd, after Marvel, owned by Disney, and DC, owned by Warner Bros., failed to respond to the request to invalidate the trademarks.
Neither Marvel nor DC has commented on the ruling. Adam Adler, attorney for Superbabies, celebrated the decision as “a victory for creativity and innovation.” He stated, “By establishing ‘SUPER HEROES’ as part of the public domain, we safeguard it as a symbol of heroism available to all storytellers.”
Marvel and DC had jointly owned four federal trademarks for the terms “Super Hero” and “Super Heroes,” with the oldest dating back to 1967. Richold, who creates comics about a team of super-powered babies called the “Super Babies,” claimed that DC accused his company of trademark infringement and threatened legal action after Superbabies Ltd applied for U.S. trademarks for the name.
Marvel and DC have frequently cited their “Super Hero” trademarks to oppose other superhero-related trademark applications. Superbabies petitioned the USPTO to cancel the marks in May, arguing that Marvel and DC cannot claim ownership over an entire genre and that their joint ownership of the trademarks was problematic.
The case is titled Superbabies Ltd v. Marvel Characters Inc, Trademark Trial and Appeal Board, Cancellation No. 92085201.
