Comments on: Questions from Google Users http://www.superheronation.com/2010/07/21/google-queries-of-the-week/ How to write a superhero book, comic book or superhero novel and get it published Sun, 12 Feb 2012 06:23:44 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Wings http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-72009 Wings Fri, 23 Jul 2010 03:25:47 +0000 http://www.superheronation.com/?p=6857#comment-72009 Okay, good. Thanks! - Wings Okay, good. Thanks!

- Wings

]]> By: B. Mac http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-72007 B. Mac Fri, 23 Jul 2010 03:02:50 +0000 http://www.superheronation.com/?p=6857#comment-72007 I assume it'd be variants like superhero, super hero [with space], superheroes, superheroic, etc. <br /> I don't think "mutant" is trademarked in the U.S. Looking through the <a href="http://tess2.uspto.gov/" rel="nofollow">U.S. Trademark and Patent Office's trademark search engine</a>, I only found "mutant" trademarks on sporting goods and audio-visual equipment. Teenage Mutant Ninja Turtles has a trademark on its full title. I assume it’d be variants like superhero, super hero [with space], superheroes, superheroic, etc.

I don’t think “mutant” is trademarked in the U.S. Looking through the U.S. Trademark and Patent Office’s trademark search engine, I only found “mutant” trademarks on sporting goods and audio-visual equipment. Teenage Mutant Ninja Turtles has a trademark on its full title.

]]> By: Wings http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-72005 Wings Fri, 23 Jul 2010 02:59:37 +0000 http://www.superheronation.com/?p=6857#comment-72005 What does their trademark over variants of superheroes consist of (superhumans, metahumans, superpeople, etc.)? ...And there are no trademarks on using "mutant" superheroes, are there? Might as well make sure. - Wings What does their trademark over variants of superheroes consist of (superhumans, metahumans, superpeople, etc.)?

…And there are no trademarks on using “mutant” superheroes, are there? Might as well make sure.

- Wings

]]> By: B. Mac http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-72001 B. Mac Fri, 23 Jul 2010 02:47:17 +0000 http://www.superheronation.com/?p=6857#comment-72001 Yes, Marvel and DC have claimed a trademark on the word "superheroes" (and variants). <br /> 1. According to Law Geek, their legal claim is <a href=http://lawgeek.typepad.com/lawgeek/2004/02/marvel_dc_claim.html rel="nofollow">very shaky</a>. If you can afford to fight them in court, you'd probably win. <br /> 2. According to <a href=http://digg.com/gaming_news/Marvel_Comics%3A_stealing_our_language_#c1257831 rel="nofollow">one intellectual property lawyer</a>, <strong>the trademark only applies to titles and brand-names rather than text within the comic book</strong>. <br /> 3. Cease-and-desist letters are cheap. Lawsuits, not so much. It's possible that Marvel and DC would choose not to pursue a case against someone that refused to stop using superhero in the title. If Marvel and/or DC demanded that I remove "Superhero" from my website's title, I'd wait for the lawsuit. First, I don't think they would, and second, I'd appreciate the publicity. <br /> 4. Your publisher may decide it's not worth fighting. (In fact, they may even change the title before they get the cease-and-desist letter, for fear of a potential lawsuit). It generally does not cost much to change the name. One possible exception that strikes close to home: if I change the name of my comic book series from Superhero Nation to something without Superhero in it*, I think it would make it more difficult for people familiar with my website to instantly recognize the comic book as my work. <br /> *And I have--my working title is The Taxman Must Die. I don't think legal concerns had anything to do with that creative move, though. Yes, Marvel and DC have claimed a trademark on the word “superheroes” (and variants).

1. According to Law Geek, their legal claim is very shaky. If you can afford to fight them in court, you’d probably win.

2. According to one intellectual property lawyer, the trademark only applies to titles and brand-names rather than text within the comic book.

3. Cease-and-desist letters are cheap. Lawsuits, not so much. It’s possible that Marvel and DC would choose not to pursue a case against someone that refused to stop using superhero in the title. If Marvel and/or DC demanded that I remove “Superhero” from my website’s title, I’d wait for the lawsuit. First, I don’t think they would, and second, I’d appreciate the publicity.

4. Your publisher may decide it’s not worth fighting. (In fact, they may even change the title before they get the cease-and-desist letter, for fear of a potential lawsuit). It generally does not cost much to change the name. One possible exception that strikes close to home: if I change the name of my comic book series from Superhero Nation to something without Superhero in it*, I think it would make it more difficult for people familiar with my website to instantly recognize the comic book as my work.

*And I have–my working title is The Taxman Must Die. I don’t think legal concerns had anything to do with that creative move, though.

]]> By: Wings http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-71985 Wings Fri, 23 Jul 2010 01:51:42 +0000 http://www.superheronation.com/?p=6857#comment-71985 That would be annoying. Now I have to sell my soul to Marvel and DC. Even then, I don't think it would be worth much. My soul isn't exactly high quality. XD - Wings That would be annoying. Now I have to sell my soul to Marvel and DC. Even then, I don’t think it would be worth much. My soul isn’t exactly high quality. XD

- Wings

]]> By: Ragged Boy http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-71984 Ragged Boy Fri, 23 Jul 2010 01:48:16 +0000 http://www.superheronation.com/?p=6857#comment-71984 I'm not sure. That would be very odd if that were the case. Does that mean we can't say "superhero" in out stories? I don't get it. I’m not sure. That would be very odd if that were the case. Does that mean we can’t say “superhero” in out stories? I don’t get it.

]]> By: ShardReaper http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-71978 ShardReaper Fri, 23 Jul 2010 01:22:03 +0000 http://www.superheronation.com/?p=6857#comment-71978 If that's true, I think we're all screwed. If that’s true, I think we’re all screwed.

]]> By: Loysquared http://www.superheronation.com/2010/07/21/google-queries-of-the-week/comment-page-1/#comment-71977 Loysquared Fri, 23 Jul 2010 01:13:19 +0000 http://www.superheronation.com/?p=6857#comment-71977 I read the word "superhero" (and other renditions), is a coined trademark co-owned by DC and Marvel (same as "droid" by Lucasfilm Ltd.), is that true? If so, does that mean we can't use it or have to ask permission or something? Sorry it might be a stupid question, but I'm pretty bad with legal sh*t. I read the word “superhero” (and other renditions), is a coined trademark co-owned by DC and Marvel (same as “droid” by Lucasfilm Ltd.), is that true? If so, does that mean we can’t use it or have to ask permission or something? Sorry it might be a stupid question, but I’m pretty bad with legal sh*t.

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