27
Mar/06

Can Marvel and DC Both Own The SUPER HERO Trademark?


Los Angeles Times column against claim by Marvel and DC in SUPER HEROES trademark.
I’ve discussed the potential issues re the SUPER HEROS trademark here in 2004, the last time the issue made news. In (brief) response to the emails I’m receiving from readers on this: (1) Despite the text book definition of a trademark as a symbol designating a single source, two or more otherwise unrelated entities can own a trademark registration (the SWISS ARMY KNIFE mark being perhaps the best known mark that exemplifies this); (2) Registration 1179067 exists and is more than five years old, which means that various presumptions flow in Marvel/DC’s favor.

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