Adam Adler's Bold Move: Unpacking the “Super Hero” TM Win with Law.com

 

Adam Adler

Adam Adler was interviewed by Law.com and The Recorder about his instrumental role in the cancellation of the “Super Hero” trademark jointly held by Marvel and DC Comics.

The article, titled "Joint Marvel, DC Trademark of 'Super Hero' Canceled Amid Challenge by Creator of Superbabies," highlights Adler's successful legal challenge on behalf of Scott Richold, creator of Superbabies.

Adler argued that the term "super hero" is generic, stating, "What Marvel and DC were doing is really just the opposite and contrary to the values of their own heroes." He critiqued the notion of trademark ownership over such a broad concept, saying, "To most people, including myself, this is crazy talk," and pointed out the incongruity of competitors co-owning a trademark, remarking, "The fact that Marvel and DC both use and claim ownership over SUPER HEROES confirms that neither company uses the term as a trademark." 

Adler further explained the selective enforcement of these trademarks, noting, "Marvel and DC were selectively enforcing their trademarks against independent creators and small operations," and acknowledged the broader impact of this victory for creative freedom: "Hopefully other people will see it and say, 'Yeah, you've got a big bark and they're a big corporation with a lot of machinery behind them. But if you're right, you can still compete.'" This landmark decision not only supports Richold but also empowers creators worldwide to explore their narratives without fear of legal constraints.

Read the full story and Adler’s interview here (subscriber access only).