Marvel & DC steal the word "super hero"
Marvel & DC have decided to jointly trademark the word "super hero". This trademark is on weak ground because trademark law prohibits trademarks common words and phrases, except within specific products. The word "super-hero" existed long before Marvel & DC wrote comics, and as such, if someone wants to make a line of super-hero jeans or have a show about super-heroes, technically there's nothing DC or Marvel can do about it. Yet, they have lawyers and have been sending cease-and-desist letters to web content sites using the word "super hero". Fighting such things in court is too expensive for most of us, even small independent comics, so most of the time this legal bullying works.
I think it's a pathetic misuse of law. Trademark protection was created to serve us, the consumer, so that we would not be confused between products. It was not made for censorship or stifling competitors. Imagine if Starbucks decided to trademark the word "Coffee"?
Super-hero super-hero super-hero super-hero super-hero super-hero super hero... superhero. This word belongs to everyone.
I think it's a pathetic misuse of law. Trademark protection was created to serve us, the consumer, so that we would not be confused between products. It was not made for censorship or stifling competitors. Imagine if Starbucks decided to trademark the word "Coffee"?
Super-hero super-hero super-hero super-hero super-hero super-hero super hero... superhero. This word belongs to everyone.
Labels: copyfight
2 Comments:
Marvel and DC probably have limited legal resources, as well. As long as theirs are greater than the small shop, the bullying works. I wonder, though, if the small shops could track this activity and band together. If a few dozen coordinated and all said, "You're on!" at the same time, Marvel and DC might be in trouble. Of course, counter suits would be a good idea, if anything legitimate could be put forth as a cause of action. Then the Big Boys would need to settle or face legal battles they can not afford.
Just a fun thought. It will probably never come to pass. I like your tactic, if the Internet becomes overloaded with sites containing the words, "Super Hero," that might overwhelm their resources for hunting victims.
DC is linked to Warner Brothers, so I'm not sure their legal resources are all that limited. There's a lot of money and clout under that publisher alone. Marvel...not so much.
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