1. From Generic Term to Trademarked Property:

1.1. Generic Term

Oxford Dictionary defines "superhero" as "a character in a story, film, etc. who has unusual strength or power and uses it to help people; a real person who has done something unusually brave to help somebody" with the opposite being, supervillain. There is evidence showing this word was used as early as the early 20th century, referencing "public figure of great accomplishments". So how does it turn from being a somewhat generic term into a fiercely guarded trademark property by 2 of the largest comic book companies in the world?

1.2. Trademarked Property

Detective Comic (better known as "DC"), and Marvel joined hands in an ownership agreement for the word "Superhero" as a trademark. For those who do not know, these 2 comic book companies are each other biggest adversaries. DC is renowned for its iconic characters as Superman and Batman, while Marvel competes with its ever-famous X-Men and The Avenger comics line. As such, competition for the phrase "Superhero" as a trademark would be costly and time-consuming if it ever were to commence. This would be too problematic for both companies, so an agreement was struck between the two giants. The phrase and its variation (such as "Super Heroes", "Super Hero", etc) has become a joint property of the twos, creating a new landmark in the world of intellectual property

From then on, DC and Marvel have been working together since 1977 to establish a seemingly perpetual monopoly of the word "SUPERHERO" and its variation through the filing of trademark registration. As such, a trademark application is submitted to a trademark registration in the nation where the applicant - or in this case, applicants - wants to have the exclusive right to use the mark in certain goods and services. After that, the mark is evaluated for its inherent distinctiveness, similar to the previously registered marks in the relevant goods and/or services. If all attributions are satisfied, the relevant government body will provide a trademark registration certificate which will have a 10-year effect and can be extended indefinitely. After being successfully registered in America in 1977, the marks made their way across the world through similar registration methods. Now, the mark is present in most nations with a high interest in comic books and superheroes in general.

2. Legal Battles

As such, the act of registering a trademark for such a common word in comic books has led to a lot of situations where the defendants are amusingly surprised. Here are some examples of this, albeit mostly in English-speaking countries.

2.1. A lone Londoner versus the two giants

Graham Jules, a 48-year-old who runs a firm setting up pop-up shops and is studying law, had been about to publish his self-help manual Business Zero to Superhero in 2014 when he got a warning letter from the two companies. In the United Kingdom, DC Comics and Marvel are the joint proprietors of the mark SUPER HEROES (“the registration”). They jointly applied for the registration on 12 December 1979. The giants sent a cease-and-desist letter claiming that using the word "superhero would cause confusion and dilute their brand. In radio interviews on the BBC and The Mail on Sunday, Mr. Jules said, “I was very shocked, I’m a new author and small business and I’m now in the position of fighting or scrapping the entire book”. Mr. Jules admitted there was even an offer of settlement which can be up to "thousands of pounds" to change the title of the book, but he chose to stand his ground.

With adequate legal training, he prepared to fight by himself without using any legal representative. While the initial results sided with the comic book companies, sensing that they had bitten more than they could chew, they gave up on their claims to Mr Jules, citing “commercial reasons.” Many experts speculated that one of the reasons for the sudden withdrawal is the fact that Mr. Jules' books, while containing the word "Superhero", pose little to no threat to the actual comic the trademark is supposed to protect, such as Spider-Man, or Hulk. The claim of "dilution of the trademark" is quite far-fetched, as it turns out when Mr. Jules's book has nothing to do with the man and woman in tight clothes fighting the supervillain. If anything, this lawsuit helps with the sale of the book as well as

2.2. “A World Without Superheroes”

This case is much more straightforward in comparison to the previous one. In this case, "A World Without Superheroes" is indeed a comic book that is in the same business line as the property that the trademark is trying to protect. In 2010, Mr. Ray Felix, a comic book creator in New York, self-published a comic book called “A World Without Superheroes”. It does not garner many sales in comparison to the big name, of course, but that does not stop the lawyers from the two companies opposing the trademark "A World Without Superheroes" when Mr. Felix attempted to register it. The legal battle dragged on for another 4 years until Mr. Felix withdrew the application on 11 June 2014. This case, while the ending is easily predicted for anyone in the circle, inadvertently caused an outcry from the public, showcasing the privatization of a commonly used phrase. DC and Marvel's lawyer Jonathan D Reichman has this to say:

“We are not trying to remove a word from the English language… We are just doing what we have done for decades – protect a trademarked term. And we always try to resolve matters amicably instead of going for a court hearing, which saves everyone a lot of time and money.”

2.3. "Superheroes" in the Land of Kangaroo

These particular cases in Australia, however, differ from the other two greatly, while bearing some similarities. The first similarity is that there is indeed the phrase "Superheroes" in the title. Secondly, the content of the registering trademark has little or nothing to do with the superheroes genre whatsoever. However, the differences in the reaction of the one registering the trademark, are detailed as follows:

First, in November 1996, an Australian company called Hero Marketing Pty Ltd applied for this trademark (721761) in respect of “Laundry liquid; dishwashing liquid; mold and mildew remover; bath and shower cleaner; and soap scum remover”
Second, on 27 April 2004 an Australian company called Intrinsic Alliance Pty Ltd applied for this trademark (999384) in respect of “Outdoor adventure activities, educational programs, recreational activities, fitness activities”:
Third, on 2 June 2005, a large Australian supermarket chain called Metcash Trading Limited applied for a trademark, “SUPERHERO SPECIALS”, filed in respect of Wholesaling, distribution, and retail services for supermarkets and similar stores; retail, wholesale, and distribution of equipment and supplies for the operation of retail outlets, etc
Fourth, on 14 July 2006, a company called The Lucky Drink Company Pty Ltd filed two applications, one for the trademark “SUPERHERO BEER”, in respect of “beer”, and one for the trademark “SUPERHERO COLA” in respect of “aerated drinks (non-alcoholic)”.
Fifth, a trademark for “Superhero Sam” was filed on 6 July 2007 in respect of “charitable fundraising”.
Sixth, on 23 June 2009 a company called HP Assets Holdings Pty Ltd filed an application for “SUPERHERO” in respect of “Chilled pizzas; frozen pizzas; pizza; pizza bases; pizza crusts; pizza dough; pizza flour; pizza mixes; pizza pies; pizza products; pizza sauces; pizza spices; pizzas; pre-baked pizzas crusts; preparations for making pizza bases; prepared meals in the form of pizzas; prepared pizza meals; uncooked pizzas; foodstuffs made from farinaceous products; garlic bread; prepared meals in the form of pizzas”.

What do all these trademark applications have in common except for the word "Superhero" in the title? DC and Marvel have nothing to do with any of the businesses these marks were registered in. And yet, all of them were opposed by the giants, and no one dared to fight back. Some even got assigned to DC and Marvel themselves. In another way, the mark "Superhero" by the two companies is extending beyond its original reach. And worse yet, no one is fighting back. This creates an attitude of fear of something that no one should be afraid of.

3. Impact on the Industry:

The act of trademarking the word "superhero" and its variations has had a multifaceted impact on the comic book industry and beyond:

1. Potential Stifling of Creativity:

Critics argue that trademarking such a generic term hinders creative freedom and innovation within the comic book industry.
New creators might face legal challenges or restrictions when naming their characters or storylines if they even remotely resemble trademarked variations of "superhero."
This could limit the diversity and richness of narratives and character development.

2. Challenges for Smaller Publishers:

Smaller publishers and independent creators may struggle to compete with larger companies that hold the trademarks.
The legal costs associated with potential trademark infringement lawsuits can be prohibitive for smaller entities, discouraging them from using certain terms or concepts.

3. Potential for Increased Collaboration:

In some cases, trademark ownership has led to licensing agreements and collaborations between companies.
This can allow for crossover events, shared universes, and potentially even revitalize lesser-known characters.

4. Commercialization and Product Diversification:

Trademarking has facilitated the extensive merchandising of superhero characters and concepts.
This has led to a vast array of products beyond comics, such as movies, TV shows, video games, toys, and apparel.
While this generates revenue for rights holders, it can also raise concerns about over-saturation and potentially diminish the artistic merit of the original creations.

5. Blurring the Lines Between Creativity and Commerce:

The focus on trademarking raises questions about the balance between protecting intellectual property and fostering artistic expression.
Some argue that overzealous trademark enforcement can stifle creativity and prioritize commercial interests over storytelling.

Overall, the impact of trademarking "superhero" is complex and multifaceted. While it offers certain benefits for rights holders and the industry, it also raises concerns about potential limitations on creativity, accessibility, and the artistic integrity of comic book narratives. Finding a balanced approach that safeguards intellectual property while nurturing creative freedom remains an ongoing challenge within the industry.

4. The Future of "Superhero" as a Trademark:

Despite its past bloody battle in the courtroom, there are suddenly several live, unchallenged trademarks with 'Superhero', 'Superheros', or 'Superheroes' that appear to be unchallenged, especially in the original heartland, America, no less.

Superhero Diamond from Kaushal Shah of New York for jewelry.
Free Your Superhero from 1armtodd of Madison, Tennessee for athletic support clothing.
LaserGirl Skincare Superhero for laser skincare services from LaserGirl Skincare of Arizona
Your EDI Superheroes from Integral Group Inc. of Ontario, Canada for electronic data interchange services.
Flying With Superheroes from TFA Productions of Eagan, Minnesota for entertainment services and programming.
Pop Superhero, from Jaku Stepniak of Los Angeles for music production.
We Are All Superheroes, from Pavlina Communications, Los Angeles, for counseling
A Superhero Has My Back from Scamp and Dude Limited of London, for cushions, clothing, and board games.
Superheroes Are Born Here from RaiseTheOdds of Richmond, Virginia, for charitable fundraising services.
Mighty Molar The Superhero Of Smiles from Total Health Heroes of South Lake, Texas, for dental promotion.
Superhero Latina from Superhero Latina Entertainment of Los Angeles for entertainment services.
Superhero Swim Academy from Jacob Siegel (great surname there) of Lake Worth Florida, for swimming lessons.
and many more

One of the reasons for this less-than-enthusiastic approach nowadays could be, ironically enough, the popularity of the superheroes genre. With the hugely successful Marvel Cinematic Universe with hit movies like "Iron Man", "Avengers: Endgame", "Avengers: Infinity War", "And "Spider-Man: No Way Home", the word "superhero" has to transcended its original meaning, not associated with just DC and Marvel anymore. Now, any movie with a character displaying inhuman strength is considered a "superhero", regardless of whether it is a Marvel or DC' related character. Some examples of non-DC-and-Marvel media regarding superheroes are the Infamous series (video game), The Boys, Umbrella Academy (TV Series), Invincible (Animated Series), etc.

This will eventually lead to a phenomenon known by trademark lawyers as "genericized". This is when a trademark has become too well-known, and as such, loses its ability to point the customer to the direction of the manufacturer. Some examples of this phenomenon are ROLLERBLADE” (now a generic word for inline skates), “VELCRO” (for the fastening mechanism), “ASPIRIN” (for the pharmaceutical pain killer), “LINOLEUM” (for the floor covering), and “SELLOTAPE” (for the adhesive tape). In another word, the day that DC and Marvel having monopoly of the word "Superheroes" and its variation are numbered, suffering from their successes.

5. Conclusion

The idea of the trademark was originally coined as a way to ensure that companies have a way to protect their goodwill through the use of its mark in the trade, and the legal body behind protecting it. A novel idea, but at a time when, the trademark has morphed into a weapon of monopoly, barring all who are not in the circle with the threat of a lawsuit, regardless of whether their work has any relation to the manufacturer at all. The word "Superhero" and its variation are some of the few examples that show the dark side of this registration method. While its dawn is drawing near, who knows what other commonly used words are held hostage as weapons of trade across the world?