Super Hero Fest Violates Trademark

It has nothing to do with the character. They are trademarking the word "Super Hero" so that they can control the entire genre.

Anything that contains a resemblance to a "Super Hero" (even if it doesn't use that word, but uses the concept) leaves themselves open to a lawsuit.
 
psh. that means Image can't exsist and anime will have to be destroyed. i mean they can't do that legally. thats like spike lee suing spike jonzes and spike tv over the name spike. he lost that battle too.
 
the matrix, dark horse, any indie comic distro, video games (Viewtiful Joe Mario, etc. I mean the list goes on.... toxic avenger....
 
well they wont suceed. thats like Trump trying to trade mark You're fired or paris hilton with that's hot. no matter what we'll still be fine.
 
I'm not saying it's the case here, but it is the complacency and the belief that "it can't happen here", that often ALLOWS things like this to happen. It is things like this that MUST be challenged so we DON'T lose things we've taken for granted. :furious3:
 
spidey said:
thats like Trump trying to trade mark You're fired
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Yeah, or like some company trademarking a simple word like the plural form of the word 'window'. What will they think of next??
 
Blaine said:
I'm not saying it's the case here, but it is the complacency and the belief that "it can't happen here", that often ALLOWS things like this to happen. It is things like this that MUST be challenged so we DON'T lose things we've taken for granted. :furious3:
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Bang on!!!
Can anyone say UCITA??
 
This whole thing is dumb. They cannot copyright a word like that. Maybe a title of an individual ie. Batman, Superman, but not a word, or phrase. That's ridiculous. I think I'll copyright, ok. It's stupid!
 
pmark23 said:
Anything that contains a resemblance to a "Super Hero" (even if it doesn't use that word, but uses the concept) leaves themselves open to a lawsuit.
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Where the heck are you getting that from? They have an untested trademark on the phrase "Super Hero", nothing more. Trademarks do not protect ideas or similar concepts (unless it's a clear phony alteration in an attempt to cause consumer confusion).

No judge in his right mind would say that term is not already generic:

http://www.m-w.com/dictionary/superhero
http://dictionary.reference.com/search?q=superhero

no reference to marvel or DC.

http://en.wikipedia.org/wiki/Tradem...k_rights_.E2.80.94_abandonment_and_genericide

You're right, though, that anyone who gets a cease and desist about this should fight it like the plague.
 
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wcs said:
Where the heck are you getting that from? <snip> No judge in his right mind would say that term is not already generic:

http://www.m-w.com/dictionary/superhero

no reference to marvel or DC.
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Aye, and that's exactly what they want to have changed.
BTW, there's no mention of Microsoft here either:
http://www.m-w.com/dictionary/windows

Unfortunately there is legitimate reason to be concerned at such idiocy, and it indeed needs fighting. Bad thing though for any small entity or person to be served a cease and desist, as fighting such an action costs beaucoup dollars, and often results in capitulation. :(
 
Yes, and after I posted that, I started debating on whether this was crying 'wolf', or whether it was perhaps an event needing large-scale attention. I guess I was initially offput by his 'end of the world'-ness.

Marvel and DC should be publically held accountable for their shameful attempt to grab what is not their's to own. First we must let the companies know we are not pleased, and if they don't capitulate, then further action must be taken.
 
Once they get it trademarked they can do whatever they want to whoever is illegally infringing on their trademark, such as website forums running filmmaking contests.

Sure they may be on shaky ground, legally -- but I bet they have a lot more lawyers than DVXUser does.

Why risk it? After all, we've already given up on our rights of fair-use. This is just the logical next step.
 
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