SUPER HERO HAPPY HOUR CHANGES NAME

[MattBrady]

Dan Taylor, creator of the critically acclaimed Super Hero Happy Hour comic, published by GeekPunk has announced that the name of his series has had to change, due to Marvel and DC co-owning the term “Super Hero.” It’s just Hero Happy Hour from here on out.

The series had found fans in Brian Bendis, Gail Simone, and Mark Waid (and was named “Concept We Wish We’d Thought Of” by Wizard Magazine in their Best of 2003 listing), thanks to its offbeat style and humor, and saw its first trade collection hit stores on December 10th.

GeekPunk’s press release reads:

GeekPunk is announcing that their flagship comic book title featuring superheroes patronizing their favorite bar & grill during their off-hours will now be entitled Hero Happy Hour beginning with the fifth issue of the ongoing series.

According to creator Dan Taylor, "The decision to change the title was brought upon by the fact that we received a letter from the trademark counsel to 'the two big comic book companies' claiming that they are the joint owners of the trademark 'SUPER HEROES' and variations thereof."

Hero Happy Hour officially premiered under its original title in January 2003 to favorable reviews by critics and garnered a loyal fan base that continues to grow with the release of each issue. "I want to assure our regular readers that the comic will continue to be published and will contain the same unique and humorous take on the genre we are all fans of," says Dan Taylor. "If this means that we have to make a change in the title of our book in order for us, the guys struggling in the minor leagues, to be able play ball in the same park with the major leaguers, so be it."

Dan Taylor adds, "It looks like all of the readers that took a chance and purchased our book before the title change are now in the possession of a collector's item."

In addition to the comic book series continuing, Hero Happy Hour will also be published as a "Super Special" this summer featuring guest talents from the comic book industry bellying up to the bar to tell their own interpretations of life at The Hideout Bar & Grill. A spin-off comic book mini-series is also in the works in addition to Hero Happy Hour exploring incarnations within other mediums.

The newly entitled Hero Happy Hour #5 “Reality Shots” written by Dan Taylor with art by Chris Fason is scheduled for release in March with a cover by Dave Crosland (Puffed) and an additional story written by James Patrick (Crackurz) with art by D.J. Coffman (Monkey Man Unleashed, Crackurz). Hero Happy Hour #5 (b/w 32 pages) will be available at comic book shops, or online at www.geekpunk.com.

About GeekPunk

First and foremost, GeekPunk is a publisher of comic books. We could be called small press, self-published, or independent. But, we prefer the term guerrilla publishers. Formed in order to publish the comic book Hero Happy Hour, GeekPunk will continue to publish additional issues of Hero Happy Hour as well as producing other entertaining comic books for those looking for something different. For additional information visit the GeekPunk web site at www.geekpunk.com

[Tom Daylight]

That is about the dumbest thing ever.

[Warewolf]

Originally posted by Fetsur
That is about the dumbest thing ever.

Word.

[Fazhoul]

DC & Marvel have owned the copyright on the term for a LONG time, probably longer than some of the creators on "Happy Hour" have been around. I've been trying to find info on when exactly they copyrighted the term but so far I have come up empty. I can't believe the internet has failed me!

edit: I'm not saying that it's not stupid. Just that it's not a new development.

[NotAnIssue]

That is very f-cking ridiculous.

How long have they 'co-owned' that term? I bet it could be challenged in court. It's such a generic term now, I bet they'd lose it.

[StoneGold]

Originally posted by NotAnIssue
That is very f-cking ridiculous.

How long have they 'co-owned' that term? I bet it could be challenged in court. It's such a generic term now, I bet they'd lose it.

You mean a generic term like Jello? Or Xerox? Or Kleenex? Because I don't think any of those are going public domain any time soon.

[Raphe Cheli]

I'm sure that Marvel and DC aren't throwing around lawsuits every time they see "super hero" used, but they will (and, if they want to protect their copyright) fight when it's used in a comic book title.

[GSMT]

Originally posted by Fazhoul
DC & Marvel have owned the copyright on the term for a LONG time, probably longer than some of the creators on "Happy Hour" have been around. I've been trying to find info on when exactly they copyrighted the term but so far I have come up empty. I can't believe the internet has failed me!



edit: I'm not saying that it's not stupid. Just that it's not a new development.

Probably can't find copyright info, because it isn't a copyright issue. It's a trademark issue. And you are right, it is nothing new.

--gsmt

[OM]

...I am the copyright holder on the following words:

• Fuck
• Damn
• Frap
• Ignatz
• Schmuck
• Screw
• The phrase "pull the stick out of your ass" and it's variants

From this point on, every one of you that uses these words and phrases either needs to add a tm to the word, or owes me 1/100th of one cent for the first use of each word in any post, letter, conversation or political statement spraypainted on the side of any public landmark. Thinking the words and/or muttering them to yourself is still free, of course.

...As to where to send the royalties, send them to ACTOR where the money'll do some good.

[Moonbeam]

I can understand a company wanting to protect its trademark, but it does seem pretty silly in this case. Hmm .. feeling torn between my staunch defense of trademarks and the nature of this letter.

And don't worry, OM. I don't use any of those words. Well, except Screw -- which I know isn't trademarked by you, cause I used to work for Sears, and I'm pretty sure Craftsman has that one. ROFL!!

[Nick Wyche]

I'm curious about something. Did DC and/or Marvel's attorneys file a cease-and-desist order against Taylor? If it was stated in the article, I missed it. If they didn't, did Taylor simply take a pre-emptive step to avoid any potential trouble?
I guess the reason I'm curious is that if DC/Marvel did file a c&d order, it would seem a ridiculously over-reaching action. Mavel filing suit against Dave Sim for the three consecutive "Wolverroach" parody covers is one instance where the C&D approach could be marginally understood. On the other hand, historically DC & Marvel have typically (IMO) only exercised this option when they viewed the success and/or potential success of a rival property to be a threat to their market share.
Did the combined might of the Big Two view a creatively and critically successful small press title as a threat to the entire concept of "superheroes" as they wish to have them portrayed?
Just wool-spinning here, no serious poiont to make, just questions? Anyone with any further info concerning this case feel free to chime in, please.

[mpg]

did you know that they also have the alpahbet trademarked?

we pay with every word we say

[byoung2814]

Assuming that Marvel and DC are the owners of the trademark for SUPER HERO, I would bet there is a good argument that the term has become generic (even if decades ago it was not). For instance, aspirin, elevator, and thermos were all once trademarks that became generic over time though common use.

Xerox is an interesting case because they had a massive advertising campaign in the 80's to remind people that it was not a generic mark and shouldn't be used that way. There are probably millions of examples in Wizard and other trade publciations where 'super hero' is used in its generic sense - to describe a category/genre of comic book - and I don't recall Marvel or DC ever doing anything about it. i would love to see the letter the creator received.

[Tom Daylight]

Heh, I hope nobody's trademarked the phrase "happy hour"

[Burnrate]

Gotta nitpick...it's a trademark, not a copyright. They do different things. Copyright protects an expression of an idea in a fixed and tangible medium. Trademark identifies a product with the sourse of that product.

And trademarks CAN cease if they become generic, provided that the owner of the trademark does nothing to prevent that genericism (e.g. "thermos", a product name got closely associated in the public's mind with some plastic container that kept hot things hot and cold things cold). DC and Marvel must be protecting the TM pretty vigerously. How many references have we read/seen/heard so super-heroes that weren't a direct reference to product of the big two?

[GSMT]

Originally posted by Nick Wyche
I'm curious about something. Did DC and/or Marvel's attorneys file a cease-and-desist order against Taylor? If it was stated in the article, I missed it. If they didn't, did Taylor simply take a pre-emptive step to avoid any potential trouble?
I guess the reason I'm curious is that if DC/Marvel did file a c&d order, it would seem a ridiculously over-reaching action. Mavel filing suit against Dave Sim for the three consecutive "Wolverroach" parody covers is one instance where the C&D approach could be marginally understood. On the other hand, historically DC & Marvel have typically (IMO) only exercised this option when they viewed the success and/or potential success of a rival property to be a threat to their market share.
Did the combined might of the Big Two view a creatively and critically successful small press title as a threat to the entire concept of "superheroes" as they wish to have them portrayed?
Just wool-spinning here, no serious poiont to make, just questions? Anyone with any further info concerning this case feel free to chime in, please.

It doesn't work that way. Many of the features of Trademark law are based on old common law ideas and procedures. The burden is on the trademark holder to actively protect its trademark. If Marvel and DC did NOT go after this example, it could be used in the future as evidence that they have abandoned their claim of trademark on the term. People are confusing copyright and trademark law here. 2 pretty differnt concepts with differnt rules and procedures.

--gsmt

[Tom Daylight]

So what about Super Happy Hero Hour?

[Jeffbot]

I understand the legal issues behind this, but it does come off as a little silly.

I suggest that the book be renamed "Sooper Hero Happy Hour."

[GSMT]

Originally posted by NotAnIssue
That is very f-cking ridiculous.

How long have they 'co-owned' that term? I bet it could be challenged in court. It's such a generic term now, I bet they'd lose it.

Possibly, but who wants to pay for that fight for such a minimal gain? Also, generic words are used as trademarks all the time, from the Ford "Mustang" to "Fox" TV.

--gsmt

[djcoffman]

I've said it elsewhere, and I'll say it again-- it's just stupid. Kudos to Dan Taylor for being a pro and just rolling with the punches with it.

Actually, one legal issue could be that the two leading companies in the industry are "sharing" this term.. that's RIDICULOUS. It's saying, that no other company BUT DC and MARVEL can use the term superhero -- and what then, spell it SUPER-HERO, SUPERHERO---- this is silly.

In fact, it makes me want to create a comic called SUPER HERO and let them challenge me. Someone should fight the big two and put this to rest. It's like they have a strangle hold on the word in a title. And really, is an indy book like SHHH going to hurt Marvel or DCs business of people in tights. It's ludicrous. Bullkhaky. If it would have been me, I would have fought the bastards. They should be ashamed of themselves, period. One day they will step on the WRONG little guy.

[Blind Assassin]

Makes me think of the recent brouhaha about FoxNews trying to sue Al Franken because he used the term ''fair and balanced" in his book title wphen spoofing the news media that FoxNews represented.

Wasn't that a trademark issue as well?

[bluedevil2002]

And I thought DC and Marvel just held trademark on "Super-Hero". Note the captial S and H, and hyphen.

This bit about "variations thereof" is bullshit.

[Alex Clarke Kent]

I hereby officially announce that I own the word: Owch®™©.

It's a combination of 'Ow' and 'Ouch'. It's MINE! MINE!!

[jasinmartin]

Too bad.
Regardless, Super Hero Happy Hour is a great book. Hopefully this will just bring more attention that it deserves.

Hits pretty close to home though, as the book I'm working on uses a similar naming convention...

[RobSchamberger]

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