Virginia Postrel says Marvel Comics did itself no favors recently by taking a tough negotiating stance over The Atlantic’s proposed cover use of one of its images. (Sept. 6). I had no idea anyone was asserting trademark rights over the word superhero. (Corrected Sept. 10 to fix error about how The Atlantic was going to use the image — see comments.)
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Marvel and DC co-own the trademark of superhero (or actually “Super Hero”). One trademark gives them that on publications, especially comix. A second gives them for “toy figures, belts, and costumes”. They’ve had it since 1979.
The Atlantic didn’t want the image for its cover, just as an illustration for the column. My 1,500-word pieces don’t rate covers.