superhero Archives - Robot 6 @ Comic Book Resources
A British author is accusing DC Comics and Marvel of “banning the use of the word superhero” after he received notice that the publishers are opposing his attempt to trademark the title of his advice book Business Zero to Superhero.
“I was very shocked,” Graham Jules told BBC Radio. “I’m a new author and small business, and I’m now in the position of fighting or scrapping the entire book.” The Mail on Sunday picked up on his story, running it with a headline that’s both cliche and misleading: “Zap! You can’t say ‘superhero’.”
As many comics fans know, and Jules quickly learned, DC and Marvel have since 1979 jointly owned the trademark for “super hero” and “super heroes,” covering a range of products, from comic books and playing cards to pencil sharpeners and glue. Their renewal of that mark in 2006 drew widespread attention, as well as scrutiny from those who question whether such a term should be allowed to be registered.
Publishing | As the movie version of 2 Guns heads toward theaters this weekend, BOOM! Studios CEO Ross Richie talks about his company’s “creator share” model and his career in comics publishing, from Malibu Studios to Atomeka to BOOM!, which he co-founded on a suggestion from Keith Giffen, whom he describes as “the Aerosmith of comics”: “If Steven Tyler came up to you and said, ‘You really ought to produce albums,’ you probably would listen.” [The New York Times]
Legal | The prosecutor for Singapore’s Attorney-General’s Chambers has decided not to pursue sedition charges against cartoonist Leslie Chew, who was arrested in April on charges stemming from a cartoon at his Demon-Cratic Singapore Facebook page. Chew still faces charges of contempt of court for “scandalising the Judiciary of the Republic of Singapore.” That case will be heard on Aug. 12. [Straits Times]
The New York Daily News casts a spotlight on Ray Felix, the small-press publisher who’s challenging the joint claim of DC Comics and Marvel to the “super hero” trademark, and comes away with some interesting details:
- The two publishers have prevented at least 35 people from using “super hero,” or some variation, since they were granted the mark in 1980 for toys and in 1981 for comic books. (You may remember that in 2004 GeekPunk changed the name of its series Super Hero Happy Hour to Hero Happy Hour following objections by DC and Marvel.)
- 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.
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.