Superbabies Ltd. V. Marvel & Dc – Default Judgment Cancels “Super Hero” Trademarks at the TTAB

The Trademark Trial and Appeal Board recently cancelled long-standing federal registrations for the terms SUPER HEROand SUPER HEROES, once jointly owned by two of the world's largest comic publishers. While these marks were highly recognized, the challenger persuaded the Board that the terms had become generic and no longer functioned as trademarks. This decision serves as a cautionary lesson on genericide, enforcement risk, and litigation diligence.... By: Vondran Legal