If you’ve ever come across a press release from Marvel or DC, you’ve probably noticed that they refer to characters like Spider-Man and Batman as “Super Heroes.” This stylized term has become their standard, although most of us would simply write “superhero.”
This particular phrasing dates back to a trademark initially registered in 1967. Ben Cooper, Inc. obtained it for a line of superhero—sorry, “Super Hero”—Halloween costumes featuring characters from both Marvel and DC.
Marvel And DC Can No Longer Use The Shared ‘Superhero’ Trademark In US
Five years later, in 1972, Mego Corporation attempted to trademark “World’s Greatest Super Heroes” for a set of action figures. Ben Cooper, Inc. objected to this, and as a result, Mego eventually assigned its interest in the trademark to both Marvel and DC. Aware that he couldn’t win the legal battle, Cooper withdrew his claim, leading to the term “Super Hero” being jointly owned by Marvel and DC from that point onward.
Recently, however, this situation has changed. The U.S. Patent and Trademark Office canceled Marvel and DC’s claim to four of their shared trademarks following a challenge by Superbabies Limited, a lesser-known company that publishes comics about superhero infants.
Superbabies creator S.J. Richold contested the claim after DC tried to prevent him from using the term “Super Babies.” When neither Marvel nor DC responded by the given deadline of July 24, the trademark was canceled, meaning “Super Hero” and “Super Heroes” can now be used freely without any fear of legal repercussions.
Marvel And DC Still Own “Super Heroes” And “Super-Villain” Trademarks
However, Marvel and DC still share ownership of trademarks like “Super Heroes” and “Super-Villain,” though the actual value of these trademarks is now questionable. Notably, this decision means that shows like The Boys could now freely use “Super Hero” instead of “Supes.”
Following this legal victory, Superbabies’ attorney, Adam Adler of Reichman Jorgensen Lehman & Feldberg, released a statement: “This result is not only a win for our client but also a triumph for creativity and innovation. By establishing ‘Super Heroes’ as part of the public domain, we ensure it remains a symbol of heroism accessible to all storytellers.”
Adler continued, “Superhero stories inspire us to stand up for the underdog, and it’s only fitting that this victory came through The Super Babies—the smallest heroes of all. I hope this outcome encourages other smaller companies to share their unique stories with the world.”
It’s important to note that the ruling isn’t necessarily an indication that the United States Patent and Trademark Office agreed with the argument presented—or even considered it in detail. Instead, the ruling in favor of Reichman Jorgensen Lehman & Feldberg came as a default judgment simply because neither Marvel nor DC responded within the required timeframe.
The decision states: “Inasmuch as Respondents failed to file an answer in this case, and failed to file a response to Petitioner’s motion, the motion for default judgment is granted.” Essentially, because Marvel and DC didn’t submit any response before the deadline, they automatically lost the case.
This outcome may feel somewhat anti-climactic for a potentially significant legal decision. However, this might not necessarily be the end of the matter, as Marvel and DC could still have options for reinstating the trademark if they choose to pursue it. It appears, at least initially, that both companies effectively gave up the trademark by not responding to the initial filing.
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