March 26th, 2006

Super Hero Trademarked

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Marvel and DC Comics (of the Spiderman and X-Men fame) claim to hold a trademark on the term “super hero” and if any company that wishes to market a comic or related item with any variation of the term “super hero” must get permission from Marvel Comics. Boing Boing first called out this absurdity and recommended that we now call Marvel super heros as “underwear perverts” and now LA Times has jumped on the bandwagon against Marvel Comics ludicrous trademark. It rightly points out that purely generic terms end up restricting free speech and language cannot be owned. If Marvel had called their heroes actosapiens, they would be on valid ground but not with the word super heroes. It is almost like the recent rant by Michael Crichton on patents for generic processes. But I love the way they end the column after citing the upcoming legal battle between Marvel Comics and videogame developer Sega - “…the great power of a trademark comes with great responsibility.”

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