TY - JOUR

T1 - Generic Super Heroes

T2 - Can They Exist?

AU - O'Connell, Aislinn

PY - 2020/9/21

Y1 - 2020/9/21

N2 - The term ‘superhero’ would seem, at first glance, to be generic. That is to say, ‘superhero’ may be a word or term used to refer to any caped, masked or costumed crusader who fights crime, whether super powered, inhuman, demigod, or genius playboy billionaire philanthropist. However, the legalities of super heroes are far more nuanced than that. This article discusses the use of ‘super heroes’ in light of the fact that the term is covered by a trade mark right jointly held by Marvel and DC. It discusses the protection that Marvel and DC maintain over their mark, the impact of this protection, the challenge to the validity of the registration which was heard in 2016, and the possibility of a declaration of genericide, which would allow the term superhero to be freely used.

AB - The term ‘superhero’ would seem, at first glance, to be generic. That is to say, ‘superhero’ may be a word or term used to refer to any caped, masked or costumed crusader who fights crime, whether super powered, inhuman, demigod, or genius playboy billionaire philanthropist. However, the legalities of super heroes are far more nuanced than that. This article discusses the use of ‘super heroes’ in light of the fact that the term is covered by a trade mark right jointly held by Marvel and DC. It discusses the protection that Marvel and DC maintain over their mark, the impact of this protection, the challenge to the validity of the registration which was heard in 2016, and the possibility of a declaration of genericide, which would allow the term superhero to be freely used.

KW - DC Comics

KW - trade mark(s)

KW - superhero(es)

KW - genericide

KW - monopoly

KW - Marvel Characters

KW - comic-book

U2 - 10.16995/cg.185

DO - 10.16995/cg.185

M3 - Article

VL - 10

SP - 1

EP - 23

JO - The Comics Grid: Journal of Comics Scholarship

JF - The Comics Grid: Journal of Comics Scholarship

SN - 2048-0792

IS - 1

ER -