UK businessman defeats Marvel in trademark case

A UK businessman has defeated Marvel and DC Comics in a case centring on the right to use the word ‘Superhero’.

Graham Jules has successfully fended off the entertainment companies.

Jules is the author of a self-help manual called “Business Zero to Superhero”.

In 2014, when he was preparing to self-publish the book, he applied for a trademark for the term at the UK Intellectual Property Office (IPO), but it was opposed by the companies who claimed the term infringed a jointly-owned trademark they owned for the word ‘Superheroes’.

After a two and half year legal battle, Marvel and DC “admitted defeat” for “commercial reasons”.

The case was due to be heard at a hearing before the IPO in London when the companies withdrew.

Jules told UK newspaper The Telegraph: "I was in the process of writing a book for entrepreneurs and as part of that process I applied to trademark the title. This is an amazing result. It shows that even the little guy can achieve something with determination."

Tristan Sherliker, associate solicitor at law firm EIP in London, said it was “great news” for Jules but “bad news for others who might be in similar positions, as they will never understand and learn from the true outcome of the case”.

“Most likely, the move by Marvel and DC will have been taken to avoid a negative legal decision, which might have caused a more negative reaction and bigger embarrassment down the line.”

He added: “While this is another win in a classic David v Goliath case, a final decision from the tribunal could have made the judgement much clearer and have achieved a better understanding of IP rights for businesses where, notoriously, there is a lot of confusion.”