If You're Going to be a Super Hero, Create Your Own Logo

If you want to be a superhero, you’re going to have to create your own logo.  In a recent California court case, DC Comics v. Mad Engine, Inc., the court refused to dismiss an action brought by DC Comics against Mad Engine for trademark infringement.  Mad Engine was selling t-shirts with a “dad” logo in red and yellow on a blue shirt.  The logo was a five-sided shield similar is style to the Superman “S” that appears in DC Comics books and movies. 

Mad Engine asked the court to dismiss the lawsuit on the basis that the “dad” logo was a parody of the Superman logo.  The court rejected the argument and the case now moves on to trial.

What’s the take away here?  Even if you think your mark is a parody of another mark.  The owner of the other mark may not share your sense of humor.  Think twice before proceeding with a mark like that. 

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

As an aside, I’ll be speaking on Thursday, February 18th at the NC Bar Association Business Law Section Annual Meeting on a panel discussion of IP issues in Pinehurst NC.  Anyone thinking of attending, I hope you do as it is shaping up to be an interesting program.  I’ll also be there on behalf of NCLEAP (North Carolina Lawyer Entrepreneur’s Assistance Program) recruiting new volunteers.  If you’re there, please come and say “hello”.