Wow … they nailed them on ONE point. Marvel and DC were ignoring the use of the term by each other. And trademarks are supposed to be a distinguishing mark of ONE and only ONE company.
Under the Lanham Act, a mark may only be registered if it allows the goods of “the applicant” (singular) to “be distinguished from the goods of others.” 15 U.S.C. § 1052. The Lanham Act does not allow two competitors to jointly own a single mark
Marvel and DC’s assent to the use of the Challenged Marks by a competitor constitutes abandonment of the marks under 15 U.S.C. § 1127, as the assent and joint registration has caused SUPER HEROES to “lose its significance as a mark” (to the extent it had any such significance to begin with).
