Although Felix admits he’s unlikely to win his case before the Trademark Trial and Appeal Board, a lawyer specializing in intellectual property tells the newspaper that Marvel and DC’s joint ownership “violates the basic tenet of trademark law.” “A trademark stands for a single source of origin, not two possible sources of origin,” Ron Coleman argues. “If the public understands that the word ‘superhero’ could come from A or B, then by definition that’s a word and not a trademark.”
Even if the appeal board were to find in Felix’s favor, it would only mean he can retain his registration for his series A World Without Superheroes. Revocation of Marvel and DC’s trademark would require a costly civil lawsuit.
Felix’s dispute with the comics giants dates back to September 2010, when he received a cease-and-desist letter after registering a trademark for his series. Following more a year and a half of exchanges between Felix and the companies’ attorneys, DC Comics and Marvel Characters Inc. in March 2012 filed a formal opposition with the Trademark Trial and Appeal Board.
More than three decades after Marvel and DC Comics initially registered their joint trademark for “super hero,” a small-press publisher is disputing their claims to the mark.
In an interview with Crisp Comics, Ray Felix of Cup O’ Java Studio Comix recounts receiving a cease-and-desist letter in September 2010 after he registered a trademark for his comic series A World Without Superheroes. Following more a year and a half of exchanges between Felix and the companies’ attorneys, DC Comics and Marvel Characters Inc. in March 2012 filed a formal opposition with the Trademark Trial and Appeal Board, which decides certain cases involving trademarks.
Their original registration for “super hero” and “super heroes,” which received widespread attention when it was renewed in 2006, covers a range of products, from comic books and playing cards to pencil sharpeners and glue. However, Felix argues DC and Marvel have overstepped the bounds of their trademark.