Marvel And DC Lose Historic Trial
Normally, DC and Marvel are bitter rivals, vying for audiences hungry for colorful heroes and despicable villains battling it out for supremacy. Recently, though, these two comic giants were on the same side in a historic legal battle…one they both managed to lose. Previously, the two industry titans had a joint trademark on the term “super hero,” but after a recent challenge and trial, they lost the trademark and the term may be used by other creators.
Can’t Trademark Super Hero
This bizarre super hero trial started in an equally bizarre way: with DC attempting to keep Scott Richold from using that term to promote The Super Babies. In turn, the law offices of Reichman Jorgensen Lehman & Feldberg (Richold is their client) challenged this previously exclusive use of the term “super hero,” alleging that both Marvel and DC have used this trademark to stifle competition from other creators (particularly smaller ones).
The irony here is that Marvel and DC may very well have prevailed in this super hero trial, but they failed to respond to court requests in a timely manner, which ultimately cost them their joint trademark due to default judgment.
Originally, the two comics juggernauts had filed a motion to extend this super hero trial, giving them until July 24, 2024, to respond to the legal challenge from RJLF. However, they didn’t provide an answer by that date and did not request any additional time to respond. This allowed RJLF to request summary judgment in their favor, and that’s exactly what they got.
A Battle Stemming Back Decades
It seems that Marvel and DC’s tardy communications lost them this superhero trial, undoing a previous legal accomplishment the companies had spent decades defending. Back in 1977, they filed for a joint trademark for the term “super hero” and soon received it. This allowed them to spend decades vigorously defending that trademark against smaller creators trying to bring their own comics and characters to life.
Is Is Unfair?
However, there has been a growing concern that this is less a matter of defending a trademark and more a matter of dominating the industry by shutting down any potential competition. That is certainly the opinion of Super Babies creator Scott Richold, who stated that “DC and Marvel are wrong” and that “Trademark law does not permit companies to claim ownership over an entire genre.”
His attorney Adam Adler agrees, chiming in that “By challenging these trademarks, we seek to ensure that superheroes remain a source of inspiration for all, rather than a trademarked commodity controlled by two corporate giants.”
Marvel And DC Supes Soon To Enter Public Domain
On paper, the results of this super hero trial sound like a real victory for the fans…we’ve all seen what happens when DC and Marvel get complacent, and competition is the perfect way to keep creators on their toes.
However, it’s possible that all of this is moot: after all, Superman will become public domain in 2034 and Captain America will follow suit in 2036. It won’t be long before independent creators can do whatever they want with these company’s most famous characters, so losing this super hero trial may not make either Marvel or DC lose any sleep.
Outcome Can Only Help The Competition
If anything, we hope that these legal results will help other brands thrive…there are obvious MCU and DCU competitors like The Boys out there, but there are also countless smaller brands that could blossom into thriving franchises if given the opportunity. With this legal hurdle out of the way, those brands may be one step closer to finding their audience. And their characters will now be able to save the day while proudly bearing the name “super hero.”
Source: Bleeding Cool
