This bizarre super hero trial started in an equally bizarre way: with DC attempting to keep Scott Richold from using that term to promote The Super Babies. In turn, the law offices of Reichman Jorgensen Lehman & Feldberg (Richold is their client) challenged this previously exclusive use of the term “super hero,” alleging that both Marvel and DC have used this trademark to stifle competition from other creators (particularly smaller ones).

The irony here is that Marvel and DC may very well have prevailed in this super hero trial, but they failed to respond to court requests in a timely manner, which ultimately cost them their joint trademark due to default judgment.

Originally, the two comics juggernauts had filed a motion to extend this super hero trial, giving them until July 24, 2024, to respond to the legal challenge from RJLF. However, they didn’t provide an answer by that date and did not request any additional time to respond. This allowed RJLF to request summary judgment in their favor, and that’s exactly what they got.