# It doesn't help most people will likely associate "super hero" with Marvel or DC (trademark thread). **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 23, 2017, 6:05pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855 "2017-03-23T18:05:40Z")\ **Posts on this page:** 14\ **Page:** 2
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [March 24, 2017, 1:39am UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/21 "2017-03-24T01:39:43Z")
A quick look at Amazon brings up titles like: Up, Up, and Oy Vey: How Jewish History, Culture, and Values Shaped The Comic Book Superhero The Myth of the American Superhero Superheroes and Gods: A Comparative Study from Babylonia to Batman Hercules: The First Superhero How To Be Your Dog’s Superhero: Transform Your Dastardly Dog Using the Power of Play And on the fiction side: Caped: The Omega Superhero Book One The Superhero’s Test (The Superhero’s Son) The Second Super (The First Superhero, Book One) The Undead Pool: A Superhero Origin Story Sentry Squad (A Superhero Thriller Novel) And since none of those involve either DC or Marvel characters, it looks like you’re allowed to create your own superhero and even claim it right in the title. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 24, 2017, 2:17am UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/22 "2017-03-24T02:17:38Z")
> [@Backwater\_Under\_Duck](#): > > Can we at least point out that slapping a [TM] on something is way different than obtaining a (registered) [®]. [TM] is a claim of a registered trademark. [®] is the real deal. Simply claiming a trademark doesn’t mean you own it. Yes and no. U.S. law does not require the registration of a trademark, but doing so gets you extras like the ability to use federal courts. “You can establish ‘common law’ rights in a mark based solely on use of the mark in commerce, without a registration,” says the USPTO. It’s similar to the difference between copyright and a registered copyright. Having the registration gets you extras, but that doesn’t mean that a non-registered copyright is meaningless. ---
**Author:** ![Alessan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alessan/32/465_2.png) [@Alessan](https://boards.straightdope.com/u/Alessan)\ **Post date:** [March 24, 2017, 6:18am UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/23 "2017-03-24T06:18:25Z")
> [@panache45](#): > > Just a WAG: You now consider Tarzan a super hero? :rolleyes: To be fair, Tarzan: 1. Is in “peak human condition”; 2. Has a devastatingly handsome, chiseled face and physique; 3. Can speak with animals; 4. Is an orphan; 5. Could not in actually exist in the real world. That pretty much shouts “superhero” to me. ---
**Author:** ![magnusblitz](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@magnusblitz](https://boards.straightdope.com/u/magnusblitz)\ **Post date:** [March 24, 2017, 6:57am UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/24 "2017-03-24T06:57:49Z")
> [@Exapno\_Mapcase](#): > > So while you’re free to consider this a moral issue, the facts seems to be that the case in law is a sound one. You yourself say that most people will indeed associate the word with DC or Marvel, which means that the legal theory is appropriate. I dunno… there’s a lot more to trademark than just association. I think the argument that the term has become genericized might carry the day if it were to ever go to a court case. I mean, if someone asks me if I watched the basketball game yesterday, I’m 99% likely to think they either mean an NBA or college basketball game, but it doesn’t mean the NBA and NCAA own a joint trademark on “basketball.” You can also use the term “superhero” as a genre now… if you ask people what they think of when you say “science fiction” I bet the majority would either say “Star Wars” or “Star Trek”, but again, that doesn’t mean Disney and CBS own a joint trademark for “science fiction.” Also, a quick googling turned up this article of an example where Marvel and DC declined to pursue defense of the claimed TM: [https://www.bleedingcool.com/2016/05/26/marvel-and-dc-comics-pull-out-of-defending-super-hero-trademark/](https://www.bleedingcool.com/2016/05/26/marvel-and-dc-comics-pull-out-of-defending-super-hero-trademark/) ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 24, 2017, 3:58pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/25 "2017-03-24T15:58:01Z")
> [@magnusblitz](#): > > Also, a quick googling turned up this article of an example where Marvel and DC declined to pursue defense of the claimed TM: [https://www.bleedingcool.com/2016/05/26/marvel-and-dc-comics-pull-out-of-defending-super-hero-trademark/](https://www.bleedingcool.com/2016/05/26/marvel-and-dc-comics-pull-out-of-defending-super-hero-trademark/) From what I’ve read, this was the first case to make it into court. Previous trademark applications were either dropped or settled. You are entitled to assume that they pulled out because they knew they would lose, but that’s an assumption. Even if you assume that truth, it may have been a bad case for them. Graham Jules was writing a self-help manual called _From Business Hero to Superhero_. That usage is so far off from a comic book superhero that they might just have wanted to ensure that a court loss couldn’t be used against them in future, more appropriate cases. I wouldn’t be upset if DC/Marvel lost their trademark. I could argue the merits either way. And to be honest I don’t think that they would be badly hurt if they did lose it. But I never bet on the way any IP case goes in court. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [March 24, 2017, 4:52pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/26 "2017-03-24T16:52:50Z")
Our local pool has a Red Cross poster up (part of a series) with a kid wearing a towel for a cape around his neck\* and a slogan like “Even superheroes need to know how to swim.” Maybe Marvel and DC can sue the Red Cross? That’d be fun for all involved. Yeah, it’s generic in practice. The issue is getting it declared generic officially. - Why a whole series of safety posters shows kids doing something dangerous is beyond me. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [March 24, 2017, 4:59pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/27 "2017-03-24T16:59:07Z")
Image Comics, Valiant Comics, Charlton Comics, Tower Comics and many others happily printed superhero comics for decades. Not to mention Terrytoons, etc. also _Abar, the First Black Superman_, Hero at Large, Condorman… ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 24, 2017, 5:14pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/28 "2017-03-24T17:14:39Z")
> [@ftg](#): > > Our local pool has a Red Cross poster up (part of a series) with a kid wearing a towel for a cape around his neck\* and a slogan like “Even superheroes need to know how to swim.” > > Maybe Marvel and DC can sue the Red Cross? That’d be fun for all involved. > > Yeah, it’s generic in practice. The issue is getting it declared generic officially. > > - Why a whole series of safety posters shows kids doing something dangerous is beyond me. > [@DrDeth](#): > > Image Comics, Valiant Comics, Charlton Comics, Tower Comics and many others happily printed superhero comics for decades. Not to mention Terrytoons, etc. > > also _Abar, the First Black Superman_, Hero at Large, Condorman… And for the millionth time, anybody can do a superhero comic or movie or novel or any other media. You just can’t advertise it or title it as a “superhero.” The trademark is on the word used commercially, not the concept. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [March 24, 2017, 5:22pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/29 "2017-03-24T17:22:02Z")
> [@Exapno\_Mapcase](#): > > And for the millionth time, anybody can do a superhero comic or movie or novel or any other media. You just can’t advertise it or title it as a “superhero.” The trademark is on the word used commercially, not the concept. > **[Amazon.com: How to Be a Superhero (Little Golden Book): 9780385387378: Fliess,...](https://www.amazon.com/How-Superhero-Little-Golden-Book/dp/0385387377)** > > Amazon.com: How to Be a Superhero (Little Golden Book): 9780385387378: Fliess, Sue, Dyson, Nikki: Books > **[Amazon.com: Even Superheroes Have Bad Days (Superheroes Are Just Like Us):...](https://www.amazon.com/Even-Superheroes-Have-Bad-Days/dp/1454913940)** > > Amazon.com: Even Superheroes Have Bad Days (Superheroes Are Just Like Us): 9781454913948: Becker, Shelly, Kaban, Eda: Books > **[Ten Rules of Being a Superhero (Christy Ottaviano Books): Pilutti, Deb, Pilutti,...](https://www.amazon.com/Rules-Being-Superhero-Christy-Ottaviano/dp/0805097597)** > > Ten Rules of Being a Superhero (Christy Ottaviano Books) \[Pilutti, Deb, Pilutti, Deb\] on Amazon.com. \*FREE\* shipping on qualifying offers. Ten Rules of Being a Superhero (Christy Ottaviano Books) > **[Superhero Instruction Manual: Dempsey, Kristy, Fearing, Mark: 9780385755344:...](https://www.amazon.com/Superhero-Instruction-Manual-Kristy-Dempsey/dp/0385755341)** > > Superhero Instruction Manual \[Dempsey, Kristy, Fearing, Mark\] on Amazon.com. \*FREE\* shipping on qualifying offers. Superhero Instruction Manual > **[Amazon.com: Diary of a Teenage Superhero (Teen Superheroes): 9781516937189:...](https://www.amazon.com/Diary-Teenage-Superhero-Teen-Superheroes/dp/151693718X)** > > Amazon.com: Diary of a Teenage Superhero (Teen Superheroes): 9781516937189: Pitt, Darrell: Books > **[Watch The Superheroes | Prime Video](https://www.amazon.com/Superheroes-Nino-Acevedo/dp/B01L8CXD20)** > > Three friends team up and don capes to battle neighborhood crime. Cristina, Belisario and Benito take on the role of superhero to help clean up their community from danger. Soon, their efforts bring them face to face with a sinister businessman with... > **[Watch Superhero | Prime Video](https://www.amazon.com/Superhero-WEINSTEIN/dp/B00463IPOU)** > > Meet Rick Riker. He's young, he's cool and he's got superpowers. Now, if he only knew how to use them...but the world is in danger and no one is safe when David Zucker and the hilarious cast of Drake Bell, Leslie Nielsen, Tracy Morgan, Pamela... ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [March 24, 2017, 5:29pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/30 "2017-03-24T17:29:55Z")
> **[Businessman wins battle against Marvel and DC Comics to use 'superhero' in...](https://www.telegraph.co.uk/news/2016/05/25/businessman-wins-battle-against-marvel-and-dc-comics-to-use-supe/)** > > A lone British businessman has beaten Batman, Superman and Spiderman over the legal right to use the word "superhero" in the title of his book. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [March 24, 2017, 5:41pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/31 "2017-03-24T17:41:35Z")
Another thing to realize is whether you are technically right, and how you would do in a trademark dispute with Marvel/DC are very different answers. Imagine you do use “superhero”, and then think about how you would handle a demand letter from the legal representative of one of those companies. Would you immediately fold and change the title? How much would it cost you to change the cover art? Would you try to fight it? How deep are your pockets? It’s all well and good to understand the subtleties of trademark law, or to make a moral argument that you ought to be in the right, but is that the hill you want to die on? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 24, 2017, 7:55pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/32 "2017-03-24T19:55:42Z")
> [@DrDeth](#): > > [Businessman wins battle against Marvel and DC Comics to use 'superhero' in book title](http://www.telegraph.co.uk/news/2016/05/25/businessman-wins-battle-against-marvel-and-dc-comics-to-use-supe/) Did you even bother to read this thread? ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 24, 2017, 8:04pm UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/33 "2017-03-24T20:04:20Z")
> [@Backwater\_Under\_Duck](#): > > Can we at least point out that slapping a [TM] on something is way different than obtaining a (registered) [®]. [TM] is a claim of a registered trademark. [®] is the real deal. Simply claiming a trademark doesn’t mean you own it. As Exapno pointed out, you misunderstand the significance of a trademark registration. An unregistered trademark is just as much a “real deal” as a registered trademark. ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [March 25, 2017, 2:06am UTC](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855/34 "2017-03-25T02:06:05Z")
> [@Exapno\_Mapcase](#): > > And for the millionth time, anybody can do a superhero comic or movie or novel or any other media. You just can’t advertise it or title it as a “superhero.” The trademark is on the word used commercially, not the concept. I just wanted to add that I’m looking at a hardback of Mandrake The Magician reprints from the 1930s – just published this past year – and the back cover trumpets, in great big letters, that the caped do-gooder who uses his powers to foil crooks and save lives is “THE COMIC WORLD’S FIRST CRIME-FIGHTING SUPER-HERO!” Just thought it was worth mentioning. [Previous page](https://boards.straightdope.com/t/it-doesnt-help-most-people-will-likely-associate-super-hero-with-marvel-or-dc-trademark-thread/782855.md?page=1)