User:Jgk822/Superhero

The first use of the word “super hero” dates back to 1917. At the time, the word was merely used to describe a “public figure of great accomplishments.” However, in 1967, Ben Cooper, Inc., an American Halloween costume manufacturer, became the first entity to commercialize the phrase “super hero” when it registered the mark in connection with Halloween costumes. In 1972, Mego Corporation, an American toy company, attempted to register the mark “World’s Greatest Superheroes '' in connection with its line of action figures. Mego Corporation’s attempted registration led Ben Cooper, Inc. to sue Mego Corporation for trademark infringement. Due to its financial struggles, Mego Corporation was unwilling to defend itself against Ben Cooper Inc.’s suit. As a result, in 1977, Mego Corporation jointly assigned its interest in the trademark to DC Comics, Inc. (“DC) and Marvel Comics (“Marvel”). Due to the financial prowess of DC and Marvel, Ben Cooper, Inc. decided to withdraw its trademark opposition and jointly assigned its interest in the “World’s Greatest Super Heroes” mark to DC and Marvel. Two years later in 1979, DC and Marvel applied for the mark in connection with comic books, and were granted the mark by the United States Patent and Trademark Office (USPTO) in 1981.

In the years leading up to the assignment of the mark, both DC and Marvel battled to register various trademarks involving the phrase “super hero.” However, DC and Marvel quickly discovered that they could only register marks involving the phrase “super hero” if the phrase referenced their own company or a character associated with their company. As a result, DC and Marvel decided to become joint owners of the “super hero” trademark.

Although many consumers likely see DC and Marvel as competitors, the two comic book publishing giants are allies when it comes to protecting the trademark “super hero” and variants thereof. Although joint ownership in a trademark is uncommon, the USPTO will grant joint ownership in a mark. For example, in the case Arrow Trading Co., Inc. v. Victorinox A.G. and Wegner S.A., Opposition No. 103315 (TTAB June 27, 2003), the TTAB held that when "two entities have a long-standing relationship and rely on each other for quality control, it may be found, in appropriate circumstances, that the parties, as joint owners, do represent a single source.”

DC and Marvel have continued to expand their commercialization of the "super hero" mark to categories beyond comic books. Now, the two publishers jointly own numerous trademarks for figurines (see Spiderman, Batman), movies, TV shows, magazines, merchandise, cardboard stand-up figures, playing cards, erasers, pencils, notebooks, cartoons, and many more. For instance, the companies filed a trademark application as joint owners for the mark “SUPER HEROES” for a series of animated motion pictures in 2009 (Reg. No. 5613972). Both DC and Marvel also individually own trademarks involving the “super hero” mark. Notably, DC owns the mark “Legion of Super-Heroes” for comic magazines and Marvel owns the mark “Marvel Super Hero Island” for story books, fiction books, and children’s activity books.

Today, DC and Marvel have become known for aggressively protecting their registered marks. In 2019, the companies pursued a British law student named Graham Jules who was attempting to publish a self-help book titled “Business Zero to Superhero.” Currently, much academic debate exists about whether the “super hero” mark has become generic and whether DC and Marvel have created a duopoly over the "super hero" mark. Conversely, DC and Marvel hold that they are merely exercising their right and duty to protect their registered marks.