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Super hero®?
With the coming release of Superman Returns, I've been doing a little reading up on my superhero lore and came accross an interesting, and somewhat suprising, fact. The term superhero and super hero (but not super-hero strangely) are joint trademarks of Marvel and DC Comics.
Now, I can somewhat understand the term superhero being trademarkable since it is, after all, a sort of made-up word. But super hero, two seperate words, a noun "hero" modified by the adjective "super"? How can you trademark that? Could I trademark red paint, since it's basically the same setup? Or how about cold beer? It reminds me of Paris Hilton's (spam bait) attempt to trademark the phrase "that's hot".
Just thought I'd rant. Carry on.
Comments, Pingbacks:
Comment from: Benny [Visitor] · http://www.bennycornett.com
That is weird...well, then I should be able to trademark "Benny Cornett".
Permalink
06/27/06 @ 14:58
Comment from: tim [Visitor] · http://timtipton.com
wow - that's kinda stupid... we could do a supercalafragilicous type trademark/patent and then sue anyone that talks...
Better yet, let's just trademark each letter individually and we could get a royalty fee whenever someone uses one or many...
MAN! we could make alot of money with this, someone better get a domain "weownyourletters.com"
!
Better yet, let's just trademark each letter individually and we could get a royalty fee whenever someone uses one or many...
MAN! we could make alot of money with this, someone better get a domain "weownyourletters.com"
!
Permalink
06/28/06 @ 10:57
Comment from: buster [Visitor] · http://www.bustercollings.com
trademarks are indeed interesting... perhaps with my personal experiences in dealing with trademarks i can shed some dim light...
when "super hero" was trademarked, i would bet that the combo of generic words (super & hero) were never put together to 'mark' a 'product'... therefore it was accepted as a viable and unique 'trade mark'. nowadays DC would have a difficult if not impossible time of defending the trademark and could easily lose it if a case was ever brought up... DC probably knows enough to keep their mouths shut.
imagine, back in the day when beer was never cooled... any brewery could have staked claim on the uniqueness of "cold beer" and trademarked the term before it became accepted as public domain. who knows maybe somebody did...
trademarks are awarded on their ability to identify and distingush a product. it is the responsibility of the trademark holder to seek out and prosecute violators. however, if the trademark holder at any given time allows their 'trade mark' to become un-unique and/or un-distingushable to their product and their product alone... then the trademark is almost worthless and can easily be lost.
when "super hero" was trademarked, i would bet that the combo of generic words (super & hero) were never put together to 'mark' a 'product'... therefore it was accepted as a viable and unique 'trade mark'. nowadays DC would have a difficult if not impossible time of defending the trademark and could easily lose it if a case was ever brought up... DC probably knows enough to keep their mouths shut.
imagine, back in the day when beer was never cooled... any brewery could have staked claim on the uniqueness of "cold beer" and trademarked the term before it became accepted as public domain. who knows maybe somebody did...
trademarks are awarded on their ability to identify and distingush a product. it is the responsibility of the trademark holder to seek out and prosecute violators. however, if the trademark holder at any given time allows their 'trade mark' to become un-unique and/or un-distingushable to their product and their product alone... then the trademark is almost worthless and can easily be lost.
Permalink
06/28/06 @ 13:11
Comment from: Dubz [Visitor] · http://jamescross.net
Man Buster always ruins our fun with his "smart" talk. I just wanted to smile at the fact that I could possibly own something as cool as the words: Cold Beer. :)
hehe...
hehe...
Permalink
06/28/06 @ 15:13