The Battle over "Super Hero"

[palitoy]

It's been discussed in various interviews that Mego copyrighted the term "Super Hero" and had to eventually surrender the term to Marvel and DC but I found this notice from February 1974 kind of ponderous.



I'd love to know more about this claim for the name specifially to "toy figures".

[megoscott]

Nice try, Ben.

[The Toyroom]

Yeah I don't think Ben Cooper got very far with that claim...

[LadyZod]

And here I thought *I* owned those terms.

Dag Nabbit!

[Rat King]

Wow! That's crazy

[AAAAA]

to general a term for anybody to trade mark

[palitoy]

to general a term for anybody to trade mark

Try using it on a product.

[generic]

to general a term for anybody to trade mark

Actually, there is a current Live trademark for "Super Heroes" with the applicants listed as:

(APPLICANT) Marvel Characters, Inc. CORPORATION DELAWARE 1600 Rosecrans Avenue Manhattan Beach CALIFORNIA 90266

(APPLICANT) DC Comics E.C. Publications, Inc., a New York corporation, and Warner Communications, Inc., a Delaware corporation PARTNERSHIP NEW YORK 1700 Broadway New York NEW YORK 10019

[LadyZod]

I wonder if I can trademark "Super Heroes" for use in the production of and sale of feminine hygiene products. I don't see THOSE listed.

"No so fresh? Feel SUPER with Super Hero Brand (female cleansing device)!"

[generic]

Two interesting side notes:

The word "SuperHero" over a starburst (listed in the Trademark as a Flash Flame design) is currently Trademarked by Driggs Farms of Indiana, Inc.

"POCKET SUPER HEROES" is currently Trademarked by DC Comics.

[ctc]

Hmmmm....

Weird, con sidering Marvel and DC DO own the copyright on the term, but got it in 1979:

Comic Book Urban Legends Revealed #9! | Comics Should Be Good! @ Comic Book Resources

Well.... TECHNICALLY 1981; but the Ben Cooper application is from 1974. Properly, Ben Cooper should hold the rights. I wonder why they don't. Maybe 'cos Mego got it first for the listed uses?:

Comic Book Urban Legends Revealed #117 | Comics Should Be Good! @ Comic Book Resources

The ad looks like the "published for opposition" notice, so Mego could have already processed their paperwork before Ben Cooper.

Don C.

[palitoy]

Good point, this was most likely a challenge to Mego who likely filed in '73 when the figures came out.

[Jason73]

If a character wasn't used for a Ben Cooper cheap vinyl costume, then they are no Super Hero in my book.

[drmego]

It was my understanding that Marvel and DC held the trademark
jointly and had a law firm who represented both of them in that
matter.

The Incredibles used the term superheroes all through the movie,
so by then the trademark may have expired.

[The Toyroom]

It was my understanding that Marvel and DC held the trademark
jointly and had a law firm who represented both of them in that
matter.

The Incredibles used the term superheroes all through the movie,
so by then the trademark may have expired.

Didn't Incredibles use the shortened version "Supers"....maybe that's how they were able to get around it ?