Do not use the term "super hero" or get sued!
Miscellaneous Forums/General Discussion/Do not use the term "super hero" or get sued!
their are 2 systems, the civil justice system and the criminal justice system... Both are a mess in different ways...
We can sue for anything in the USA, provided we can quantify our loss as more than 20$. (that was written when 20$ was like 2000 bucks)
in addition.. the now abused trademark system lets people get into really strange battles... and sometimes works against the company... like when Asprin (bayer) lost their trademark on the word asprin. Kleenex nearly lost theirs, and Xerox almost lost their name.
Part of having a trademark or a patent is protecting it, so you have to sue people who use it, because not doing so can cause you to lose it.
This leads to their being many many seemingly frivilous lawsuits by companies... they have to sue, because if they don't, they can lose what is rightfully theirs.
As to wether or not Super Hero really belongs to DC and Marvel, I don't know.... realisticly they should have lost it in the 70s before they applyed for it... only they were awarded it and proceeded to enforce it, so legally they are on pretty solid ground... Someone would have to take a poll and ask "What does Super Hero mean to you" and get answers like "A fireman" to be able to overturn their trademark....
I think the Justice Leage should fight for the freedom of the phrase "Super Hero" for the good of the people.
Isn't there an obvious clause or prior art one, like in copyright law. I'm fine with Xerox or Kleenex having a copyright, as these are kind of made up words. But super hero are just two commonly used words combined, and not even a strange or unexpected combination at that. It's idiotic to award anyone trademark on such a term. It's like trademarking "nice weather" or "good morning". Just stupid.
this can't stand up in any court... all you have to do is show prior use of the term, or use of the term subsequent prior to your use of it and not related to the claimant... and also to demonstrate no association with or knowledge of intentions of plans for any copyrighted material that the claimant might claim as their intellectual property...
MS tried to sue Apple for their use of a windowing environment, and all Jobs had to do was show em pics of the Park Labs demo...
--Mike
DC and Marvel did invent the term super hero. it didn't exist before them.
If mem serves me right.. Super man, was the first super hero.
it might be a common phrase today, but when it was coined, no one had every heard it before.
Heroes, yes.... Super Heroes, no... The super was added to show they have super powers.. which aside from magical powers in fairytales, didn't exist before superman.
Yeah right!, like the term Super Hero never existed before. You see, people get ideas from some place and come up with a new idea. Now, Super Hero was probably used a lot because Marvel & Co must have heard it from somewhere in order to use it.
This is just your standard company trying to trademark everything under the Sun.
What about 'Super Duper Heros'... hold on, I've just coined that...
... I hereby state that if anyone uses the phrase above, I will sue you, your mother, your nanna and your second uncles twice removed cats moggy mate down the street!
Of course, I'm only kidding (Or am I oO)
The worlds going banana's right in front our eyes!!!
Dabz
Dabz... you have to pay to trademark it first...
and Amon... Super Hero, comes from Super Man... it didn't exist before him.... your logic is flawed.... because if people couldn't just make stuff up, how did the first person to think up something think it up?
If Marvel and DC didn't think up Super Hero, who did? and when? Did it just always exist? Did god make it all up?
Dabz... you have to pay to trademark it first...
Damn, I'll have to cancel that 150ft yacht I've just this second ordered!
Oh well, back to work tomorrow! :D
Dabz
and Amon... Super Hero, comes from Super Man... it didn't exist before him
Can you prove that no one before SuperMan used the words Super Hero?
your logic is flawed.... because if people couldn't just make stuff up, how did the first person to think up something think it up?
Like I said in my first post. People get ideas from elsewhere then think up something new by mixing things together in the imagination. It's impossible for anyone to think of something they have never seen before, or heard before etc unless the though is put in their head by Aliens.
Have a go yourself. Think of something you have never seen before.
Have a go yourself. Think of something you have never seen before.
The tooth fairy ;)
Oh, hold on, that's already been done (Though, I still havent seen one!)
Dabz
Introvenous Prune Juice Injections to induce massive diarea...
pretty sure I just made that up...
Like I said... someone HAD to make it up at some point... otherwise the ideas ALWAYS existed.. since before the big bang... which doesn't make sense.
And if you are saying it is evolutionary... thats easy...
Super man, is super.. he is also a hero... so he is a super hero because he has super powers... that would be how they thought it up.
Introvenous Prune Juice Injections to induce massive diarea...
pretty sure I just made that up...
They already existed before you put them together to make a sentence.
Super man, is super.. he is also a hero... so he is a super hero because he has super powers... that would be how they thought it up.
Exactly. Super existed before andd so did Hero. Now, what you are saying is that no one before Marvel put those words together to make Super Hero.
otherwise the ideas ALWAYS existed.. since before the big bang... which doesn't make sense.
[belief]
Everything has always existed. We're just finding new ways each time to find stuff
[/Belief]
well.. I belive thats BS... lets stick to generally accepted science here... meaning. things haven't always existed, they have a begining point.
Obviously man hasn't always existed, therefore, at some point, he had to think of something..
What about Xerox? Kleenex? they didn't exist before they were named..
What about the Latin, it didn't exist at some point... The Letter shape U didn't exist when Latin was in use, they used a V...
If you want to believe that everything has existed, thats fine... don't force everyone else to follow your beliefs just cause you feel like you are right.
and I am saying that DC (not marvel) put Super and Hero together... and guess what.... thats what is trademarked... Super Hero.... not super and hero.
You can call anything you want super.... and anything you want.. a hero...
Good God.
Yeah, I guess that'll tell me what games "NOT" to build in Blitz. Then again, I tell my stories through game design instead of comic books, anyway. This day in age, it's easier to make a video game than a comic book anymore anyway, it'll sell better, and it'll last longer... Some developers just seem to do things the other way around, the comic book winds up being better, and the game winds up being junk, like most super hero games. Glad I don't have any plans on Super Hero games at this point.
Underwear pervs
I declare "Mega Heros" to be in the public domain - if you want to use that instead.
Yes but "SUPER HERO" and "SUPERHERO" are two different words... both connote the same meaning BUT one is a phoneme and the other is an adjectival pair...
> I declare "Mega Heros" to be in the public domain
I believe that one has already been used too.
What about 'MediocreHeroes'? :P
Or even "Ultra Heroes!!!" Hehe...
What about Underwear Heroes? ;-)
Super Heroe, Super Heroe, Super Heroe, Super Heroe.
Now sue me....PUNKS.
Princess Primrose sighed, as she watched the knight that had saved her from the dragon ride off into the sunset. Turning to her Lady in Waiting she gushed. " Oooh, what a super hero Sir Garion is.'
She then swooned as a heavy pack of law suits smacked her on the head. :)
Sorry fir bad prose, not had me meds yet so a bit flaky :)
Cheers
Garion
erm Sir Garion
Super hero.
I am sorry to inform you that the appelation "Princess" and all its subsidiary forms has been copyrighted. Therefore the law firm of Billem, Fleesum, and Howe is suing you on behalf of the public trust (and to line our pockets with fees) because you are not either A: Roylaty or B: A Nintendo game involving a plumber or C: some weird Japanese game with small females in panties and who are not only capable of using the term "Princess" in many forms but also riding a broomstick or other flying conveyance and killing lots of incredibly silly things with ridiculous powerups...
Please cease and desist.
I'm gonna sue you, ragtag!
Ive held copyright on the phrase 'nice weather' for the last 15 years, I'm just having trouble keeping up with all thge peaople that breach the law on this.... bah!
;) j/k of course! Heheh
This is pathetic. Go do some coding! :)
super-dooper-peener-weener-hero
and do NOT repeat that word or ill sue your ass. now get back to work.
super-dooper-peener-weener-hero
heheh, alas the Princess NKA The Queens Daughter has been locked in an Ivory Tower.
Cheers
Garion
They'll need a super hero lawyer to sue me, maybe Daredevil?