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LeftCoast Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:30 PM
Original message
via Boing Boing: Marvel Comics trying to steal our language
I just think this is rediculous. More and more, big companies are trademarking the language and claiming 'ownership' of it. This just pisses me off. Has anyone else heard about this kind of thing?

via BoingBoing Marvel Comics: stealing our language
Marvel Comics is continuing in its bid to steal the word "super-hero" from the public domain and put it in a lock-box to which it will control the key. Marvel and DC comics jointly filed a trademark on the word "super-hero." They use this mark to legally harass indie comic companies that make competing comic books.
A trademark's enforceability hinges on whether the public is likely to associate a word or mark with a given company -- in other words, when you hear the word "super-hero," if you think "Marvel and DC," then Marvel will be able to go on censoring and eliminating its competition.

One way of accomplishing this dirty bit of mind-control is by adding a ™ symbol after the word "Super-Hero." That TM lets the world know that you claim ownership over the word it accompanies. If you can get other people to do it, too, eventually you may in fact get the world to believe that the word is your property -- and then, it becomes your property.

"Super-hero" isn't Marvel's property. They didn't invent the term. They aren't the only users of the term. It's a public-domain word that belongs to all of us. Adding a ™ to super-hero is a naked bid to steal "super-hero" from us and claim it for their own.

*snip*


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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:34 PM
Response to Original message
1. Didn't someone else try this? I can't remember the word or
the company, but it was struck down by the courts. I hope this one is too.
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LeftCoast Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:36 PM
Response to Reply #1
2. There's a growing wave of companies doing this
Even though courts will often strike it down, it takes money to fight. Many (most?) small companies will back down over a trademark fight like this because it takes so long and can cost so much money. Here's an area that seriously needs tort reform.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:36 PM
Response to Original message
3. I bet the Legion of Super-Heroes is gonna be pissed.
Considering they are a DC comic.
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LeftCoast Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:45 PM
Response to Reply #3
5. Marvel was smart, they are sharing the trademark with DC
I think they knew they wouldn't have a hope in hell of pulling this without DC's support.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:37 PM
Response to Original message
4. dirty bastards!
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 05:50 PM
Response to Original message
6. Easy. Boycott Marvel.
Let them choke on it.
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Taxloss Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:18 PM
Response to Original message
7. Actually, I believe it's (c) Frederich Nietzsche. "Super-man", at least.
That is a court battle I would love to see. Estate of F Nietzsche vs. Marvel Comics.

In fact, Marvel could be opening the door to dozens of counter-suits. "Thor" isn't their property.
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:21 PM
Response to Original message
8. Is the hyphen relevant?
I mean, are they trying to trademark Super-hero or superhero?
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:23 PM
Response to Original message
9. Kleenex & Xerox come to mind
There were many lawsuits over those two words..
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BlueStorm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 07:42 PM
Response to Original message
10. Actually if I remember...
The copyright laws state that one cannot trademark or copyright words, ideas, and titles... since those are usually general things, for example if I have a song that is called "Beautiful" no one can sue me for the title since it is generic... unless the song was a direct plagarism of the oppossing party's song.

Also I can have a comic book character that may have weather powers as long as I don't actually make it Marvel's "Storm"

So no, I don't think that Marvel and DC will be able to make the word "Super-hero" their own unless it is a full fleshed out character with an established story line and arc.

I had some forms somewheres from the copyright office that had this info on it.

Blue
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