The term “Superhero” is a copyrighted term. It is co-owned by both DC and Marvel since the early 1980s. No other comic book company can use this term. We couldn’t rename Geeky KOOL to “Superhero” KOOL.
Ray Felix is the creator of the online comic series “A World Without Superheroes“. He is attempting to register his online comic with the U.S. Patent and Trademark Office. He awaits a decision from the Trademark Appeals Board because this would violate the trademark owned by Marvel and DC.
There appears to be documented use of the term Superhero long before the creation of either DC Comics or Marvel Comics. The term seems to go back to 1917. This is 21 years before the creation of Superman. If this is true, then how can Marvel and DC claim copyright status? In the late 70’s, both companies successfully argued that the public thinks of their companies when they hear the word Superhero. But I don’t believe that argument is currently true for many comic book fans.
Ron Coleman, a lawyer specializing in intellectual property, said Marvel and DC’s joint ownership violates the basic tenet of trademark law. “A trademark stands for a single source of origin, not two possible sources of origin,” Coleman said. “If the public understands that the word ‘superhero’ could come from A or B, then by definition that’s a word and not a trademark.” (NY Daily)
The Trademark Appeals Board could allow Felix to register “A World Without Superheroes” if they find the Trademark to be inappropriate. This board cannot remove the trademark from DC and Marvel and allow free usage. To have the Marvel/DC trademark remove would require a lawsuit and probably a ton of money. But if Felix wins, this would be a huge victory for the independent and small comic companies.
I am a fan of Marvel Comics. I grew up with my father regularly reading DC Comics. I have strong ties to both companies. That being said, I think this trademark is ridiculous.
(Via NY Daily)
You wrote, “There appears to be documented use of the term Superhero long before the creation of either DC Comics or Marvel Comics. The term seems to go back to 1917. This is 21 years before the creation of Superman. …how can Marvel and DC claim copyright status?” I’m not a legal expert, but I know copyright works differently in the US than Europe and the rest of the world. In Europe and the rest of the world, what matters is who came up w/the idea first (oversimplifying). But in the US, what matters is who registered the idea first. You also mention “trademark” and I’m not sure if that’s any different in terms of precedence and rights. This is a HUGE issue in the software development industry. In any case, great post Larry, and the start of a good conversation. 🙂