Marvel Comics: stealing our language

Started by Language, Mar 18 06 01:33

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Language

[h3]Marvel Comics: stealing our language        [/h3]Marvel Comics is continuing in its bid to steal the word "super-hero" from the public domain and put it in a lock-box to which it will control the key. Marvel and DC comics [a href="http://www.boingboing.net/2004/02/01/marvel_and_dc_claim_.html"]jointly filed a trademark[/a] on the word "super-hero." They use this mark to legally harass indie comic companies that make competing comic books.A trademark's enforceability hinges on whether the public is likely to associate a word or mark with a given company -- in other words, when you hear the word "super-hero," if you think "Marvel and DC," then Marvel will be able to go on censoring and eliminating its competition.[/p]One way of accomplishing this dirty bit of mind-control is by adding a ™ symbol after the word "Super-Hero." That TM lets the world know that you claim ownership over the word it accompanies. If you can get other people to do it, too, eventually you may in fact get the world to believe that the word is your property -- and then, it becomes your property.[/p]"Super-hero" isn't Marvel's property. They didn't invent theterm. They aren't the only users of the term. It's a public-domain word that belongs to all of us. Adding a ™ to "super-hero" is a naked bid to steal the word "super-hero" from us and claim it for their own.[/p]The latest trick in its move to steal the word is using the ™ symbol in the bumpf for its [a href="http://www.boingboing.net/2006/03/17/science_of_superhero.html"]California science centre show[/a] -- they've actually recruited a [em]science museum[/em] to help them steal "super-hero."[/p]Here's a proposal: from now on, let's [em]never[/em] use the term "super-hero" to describe a Marvel character. Let's call them "underwear perverts" -- as Warren Ellis is wont to -- or vigilantes, or mutants. Let's reserve the term "super-hero" exclusively to describe the heros of comics published by companies that aren't crooked word-thieves.

Adam_Fulford

Trademark rights to "super-hero". Interesting.  If Marvel didn't invent the term, how would it play out in court? Is there a super-hero, simpy called "super-hero"?  

As for independent comics, Marvel is offering a high price for Galactic Gladiators: [A href="http://www.galacticgladiators.com"]www.galacticgladiators.com[/A] , a highly successful independent comic (on its way to being a major Hollywood movie)

Marik

So what if one word from the English language has been "stolen"

Maz

Marik wrote:
So what if one word from the English language has been "stolen"

This is too stupid a comment to bother replying to.

marik = dunce


doh

..and yet you replied.

maz=trolled
 

TehBorken

   doh wrote:
..and yet you replied.

Congratulations! Your comment was even stupider than the original "it don't matter" comment. I hereby award you the ASS CLOWN trophy.


 
   
The real trouble with reality is that there's no background music.

doh

thank you for letting everyone one know what a total idiot i am.

Language

 [h1]Set our Super Heroes(trademark symbol) free [/h1][div class="storybyline"] March, 26 2006[/div]           
[div class="storybody"]TICKETS TO THE California Science Center's latest exhibit, "Marvel Super Heroes Science Exhibition," sell for $6.75 and up. But there's one lesson the exhibition offers free of charge to anyone who wanders by the museum, and it's not about science.

The lesson is in the giant sign looming over the center's entrance archway: "Marvel ® Super Heroes(TM) Science Exhibition." The "TM" stands for trademark, signifying that Marvel is claiming exclusive rights to use the term "super hero" as a marketing term for, well, superheroes. The company and its largest competitor, DC Comics, jointly obtained the trademark from the federal Patent and Trademark Office in 1981.

The government's action means that any company wishing to market a comic book, graphic novel or related item with any variation of "super hero" in the name or title must get permission from Marvel and DC. Dan Taylor, the Costa Mesa-based creator of the "Super Hero Happy Hour" comic, learned about this absurdity two years ago when he was contacted by lawyers for Marvel and DC, prompting him to rename his series to the more pedestrian "Hero Happy Hour."

The notion of superheroes goes back at least to 1938, when Superman made his debut in Action Comics. The term's first commercial use, the trademark holders say, was in 1966. Still, it's hard to think of "super hero" as anything more than a description of the entire category of characters, not a particular brand. As a familiar DC series so aptly puts it, there is an entire legion of superheroes, and their ranks extend far beyond the rosters created by those two companies.

In trademark law, the more unusual a term, the more it qualifies for protection. We would have no quarrel with Marvel and DC had they called their superheroes "actosapiens," then trademarked that. But purely generic terms aren't entitled to protection, at least in theory. The reason is simple: Trademarks restrict speech, and to put widely used terms under private control is an assault on our language.

Once a trademark is granted, it remains in effect until someone proves to the feds that the term has lost its association with a specific brand, as happened with "cellophane" and "linoleum." That's why Johnson & Johnson sells "Band-Aid brand adhesive bandages," not simply Band-Aids(TM).

Videogame developer Sega recently sought a trademark for its "Gunstar Super Heroes" software; lawyers for DC and Marvel responded by asserting their trademark, starting a new round of negotiations over the term. With any luck, the two sides will face off in Washington and "super hero" will be liberated from DC and Marvel's clutches. After all, the great power of a trademark comes with great responsibility. [/div]

Future Canadian

Let's see... next Marvel a DC can trademark killing off a minor character every few years in a comics "event" mini-series to drum up flagging interest.

A-holes. I'd boycott them if it weren't for Bendis.
...religion has made some contributions to civilization. It helped in the early days to fix the calendar, and it caused Egyptian priests to chronicle ecplipses with such care that in time they were able to predict them. These two services I am prepared to acknowledge, but I do not know of any others

Trollio

 TehBorken wrote:
 
Congratulations! Your comment was even stupider than the original "it don't matter" comment. I hereby award you the ASS CLOWN trophy.


 
   
 Hmmm... interesting response and pic from "god". I may have some room to play in this forum after all.
   
one must be intelligent to get intelligent answers.
— bebu

Adam_Fulford

Owning a word that they didn't coin? That's strange.