Spencer Promises "Avengers Standoff" Fallout Leads to Major Marvel Stories
THR, Esq. reports that the dispute dates back to last year, when a subsidiary of Airbase Industries registered the mark. An examiner with the U.S. Patent & Trademark Office in October 2009 found no conflicting marks to prevent Airbase from marketing its power tools — indeed, there are other products that carry the “Hulk” name without problem — triggering Marvel to begin an opposition proceeding.
In the meantime, Airbase rolled out its “Hulk” line, complete with a green color scheme and a … familiar … font. In a lawsuit, filed last week in Ohio Southern District Court, Marvel describes that particular shade as “confusingly similar” to the one used for its Green Goliath, and the logo as “nearly identical” to its own Hulk products. Marvel seeks an injunction, a cancellation of Airbase’s trademark, and all of the profits from the sale of the “Hulk” products.