Welp, Marvel and DC have finally met a collective supervillain that can't be vanquished--Public Domain. That, and some super nerd named Adam Adler, esquire. (More on him in a minute.)
While you were sleeping, a terrible secret about superhero became public. It turns out that neither Marvel nor DC created the term. Ergo, they never "owned" it. And now, thanks to a remarkable turn of litigation, no one does.
The closest form of portmanteau ownership in the comic industry came in 1981 with a joint filing of Marvel and DC to the U.S. Patent and Trademark Office (USPTO). Yes, it wasn't "Marvel vs. DC." It was "Marvel and DC" working together for the common good of nerdkind.
Well, that, and a pioneering thought to keep it away from anyone else.
Beginning during the Bronze Age of Comics, all other labels who wanted to call their "good guys" that word had to receive written permission from both Marvel and DC. Dark Horse, IDW, Image, BOOM, Valiant, FantaComics--all of them. If you think that's interesting, go back and replay The Boys. Ever notice why "The Seven" are only referred to as "supes"? It's not an homage to Clark Kent. It's because Prime Video doesn't want to pay the surcharge.
And now, even the misers at that little start-up Amazon can call their characters that mythical ess word without fear of owing the titan comic book publishers a nickel. How does the archenemy member of the bar come into this legal kerfuffle? Let's soar over to the nemesis' lair or Reichman Jorgensen Lehman & Feldberg. Mwah-ha-ha-ha.
Adam Adler: Superhero Eater
Exploring this reversal of fortune discovers that Adam Adler is not only an opportunistic and unrelenting legal mind, he is also a lifelong comics guy. That boded well in his favor. His firm was hired by indie comic creator, S.J. Richold, writer and illustrator of "The Superbabies." Richold knew about Marvel's and DC's didymous guardianship and prepared for conflict.
"[The lawfirm] announced today it has filed a petition with the U.S. Patent and Trademark Office to cancel Marvel and DC Comics' jointly owned trademarks on the term SUPER HERO. The action, initiated on behalf of clients S.J. Richold and Superbabies Limited, aims to liberate a term that has been synonymous with valor and inspiration for over a century.," read the press release released in May 2024.
While the law firm's news release sounds like it's in need of a Hans Zimmer score, the intent was as serious as it gets. Last August, DC "threatened legal action" over copyright infringement. Adler spearheaded a legal writ of petition and movement to the USPTO that the term "superhero" couldn't be lorded over by a small minority of users, regardless of their size or influence.
The USPTO Trademark Trial and Appeal Board got involved in the Superbabies spat and did the unthinkable: It denied Marvel and DC's parent companies, Disney and Warner Bros, to invalidate the trademarks. And now, "superhero" is open for all labels to use at their desire.
"To most people, including myself, this is crazy talk," Adler said. "You don't own the idea of super heroes. The idea of super-powered people is a trope in comic books. If you look around the comic space, you see super everywhere," wrote Law.com in September 2024.
Someone give that nerd a missed high-five!
"By establishing super heroes' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers." Adler told Reuters about the landmark decision. "[It] was not just a win for our client but a victory for creativity and innovation."
Of course, Marvel and DC got a massive ego bruise from this, but they won't lose money from the ordeal. (Aside from the cash they paid their respective legal teams.) However, score one for the little guy. And isn't that ironically what a superhero is supposed to do anyway?