When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this trademark dispute has several moving parts and has thus far spanned several proceedings. In short, it is complicated. With that in mind, it makes sense to start with some context and high-level explanation, and then we can drill down from there into what one can only imagine will become multiple blog posts.
Let’s start with a high-level overview of a critical component of this dispute: trademark opposition proceedings. After a trademark application is submitted, and the USPTO is satisfied that the application meets USPTO requirements, the application advances to publication. For publication, the USPTO posts lists of applications that have recently completed examination, and the list remains posted for 30 days to allow the public to review the list. If a trademark holder thinks a listed application will harm their trademark, that trademark holder can file a Notice of Opposition in an effort to protect the holder’s trademark. Filing the Notice of Opposition kicks off an opposition proceeding (sort of like a lawsuit) that is heard by the USPTO Trademark Trial and Appeal Board (TTAB), which is sort of like a court for trademark application and registration disputes. If the plaintiff wins, the applicant’s trademark application is rejected. If the applicant wins, the application is permitted to continue on the path toward registration.
With the high-level overview of oppositions, we can introduce the parties. The first party is Superbabies Limited, a UK-based company that produces comic books telling the story of babies with superpowers, as well as selling corresponding merchandise. In July 2022, Superbabies Limited applied for registration of three US trademarks (application records here, here, and here) containing several variations of “SUPER BABIES” and claiming the goods of software, comic books, and infant toys under the applications. Each of these 3 applications advanced to publication.
The pending “SUPER BABIES” applications drew the attention of DC Comics, the other party in this dispute. Even casual superhero fans reading this blog are likely familiar with this famous comic book brand, responsible for such big names in comic books as “Batman” and “Superman.” Noting the “SUPER BABIES” trademark applications on the published list, DC Comics filed a Notice of Opposition in April 2024 (see TTAB record here) against Superbabies Limited’s 3 application. Pointing to 18 of its registered trademarks (all carrying some variation of “SUPER,” such as SUPERMAN, SUPERWOMAN, and SUPER FRIENDS), DC Comics claimed in its Notice of Opposition that the “SUPER BABIES” applications either infringed on or diluted their 18 trademarks (see our earlier post discussing infringement and dilution).
Now that opposition proceedings have been explained at a high level and the parties have been identified, where does the action go from here? Does Superbabies Limited have a path forward, or will this Notice of Opposition put the application to bed?
Tune in next time to read more. Thanks for reading!