Introduction:
In a landmark decision, the United States Patent and Trademark Office (USPTO) have cancelled a set of ‘Super Hero’ trademarks which were jointly owned by DC Comics and Marvel Comics, two of the biggest players in the comics industry. This decision was as a result of a petition brought by Superbabies Ltd arguing that the phrase ‘Super Hero’ is a generic term and as such, is not entitled to trademark protection.
The petition by Superbabies Ltd was in response to DC opposing Superbabies' attempt to trademark "Super Babies" as DC claimed that this term infringed its ‘Super’ trademarks. In the unending
quest to strike a balance between fostering creativity and protecting intellectual property rights, it is understandable that many have welcomed this decision as a victory not only for Superbabies Ltd but for creativity and innovation.
In this article, we will examine the concept of trademark protection, delve into the notion of generic marks, explore the origins of the ‘Super Hero’ trademark, review the background of the Superbabies Limited v DC and Marvel case and discuss the implications of the decision.
