Superman did not invent the word “superhero,” just as Captain America did not. The origin of the term dates back to 1899, and some of its earliest examples were characters like The Scarlet Pimpernel, Buck Rogers, or Zorro, all of whom were created years before DC Comics was established in 1934 (under the name National Comics Publications). However, in 1977, Marvel and the publisher jointly registered the term “superhero” so that only they could use it. Surprisingly, almost five decades later, the registration was still in effect… until now.
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The request from Superbabies Ltd, creators of a collection of books and dolls titled, obviously, Superbabies, indicates that “DC and Marvel are mistaken. The law does not allow companies to claim ownership of an entire genre.” This does not mean that the two companies cannot use the term, but they will not have exclusivity over it because others can use it as well.
“This result is not only a victory for our client, but a victory for creativity and innovation.” Basically, now anyone can create a superhero and call it as such because it is in the public domain. It was about time, in 2024, for the two publishers to realize that the publishing world is becoming exciting… and they are starting to smell, whether they like it or not, like mothballs.
