Marvel and DC Comics, the kings of capes and cowls, just lost their trademark on the term “super hero.” So now anyone can use it.

🍼 The Backstory: A Superbaby Takes on the Super Giants

You’d think it would take a superhero to take down Marvel and DC, but nope—it was Superbabies Ltd, a London-based company that stepped up. These guys got hit with a cease-and-desist because they dared to name their characters the Super Babies.

Marvel and DC didn’t even show up for the court case. The U.S. Patent and Trademark Office (USPTO) ruled in favor of Superbabies, canceling the trademark after Marvel and DC failed to respond to the challenge. This decision marks a significant shift in intellectual property law within the comic book world.

🤔 The Legal Argument: Can You Trademark ‘Super Hero’? Really?

The key argument was that the term “super hero” is generic, describing a category of characters rather than a specific brand. Under trademark law, companies can’t claim ownership of an entire genre, and “super hero” has become a widely recognized archetype. Marvel and DC’s attempt to enforce their trademark selectively, usually against smaller creators, further showed that the term wasn’t functioning as a true source identifier.

The petition also pointed out that Marvel and DC’s co-ownership of the trademark was problematic, given that they’re competitors. Consumers don’t associate the term “super heroes” with just one company, but with an entire genre of stories.

Marvel and DC are supposed to be rivals, right? But somehow, these sworn enemies have been sharing the trademark for years. It’s like Batman and the Joker going halfsies on an apartment. Sure, they fight, but they both need a place to crash.

What Does This Mean for Marvel and DC? The Cape is Off! 🦸‍♀️

Okay, so what does this mean for the comic book giants? Well, they’re still Marvel and DC—they can use “super hero” all they want. But now, so can everyone else.

Don’t worry, though—Marvel and DC still own their big guys. Superman, Batman, Spider-Man, they’re not going anywhere. But their grip on the whole superhero concept? That’s done. It’s like they were trying to hog the whole sandbox, and now the sandbox is open for business.

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