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Intellectual Property Law

: Trademark Blog

SUPERHERO v SUPERHERO LAWYER

By Marty Schwimmer

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For a business that sold fictional characters with extraordinary or superhuman characters, would you say that SUPERHERO is a brand  name or a common name?

Law firm files for SUPERHERO LAWYERS for legal services. Marvel and DC, co-owners of incontestable registrations for SUPERHERO, oppose. Notice of opposition, with funny drawings, reproduced below, as well as applicant's motion to dismiss. Alas, ridiculousness tends not to be a winning argument for a motion to dismiss.  Discussion of applicant's dog as evidence of good faith here.

Trademark blog references to the SUPER HERO trademark over the years.

HT Ron Coleman.

Notice of Opp Superhero Lawyer

Motion to Dismiss Superhero Lawyer

Full post as published by Trademark Blog on March 29, 2011 (boomark / email).

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