MARVEL'S THE CHAMPIONS BECOMES THE ORDER

[MattBrady]

According to a Marvel source, The Champions is now The Order. And not one legal punch was thrown.

This is, of course, in regards to the new ongoing series launching in July by Matt Fraction and Barry Kitson, starring the Los Angeles, CA-based heroes of The Fifty State Initiative. Newsarama first broke the news of a controversy surrounding the use of the name in April, as Heroic Publishing’s Dennis Mallonee explained that Marvel did not, in fact, own the trademark to “The Champions,” Heroic did.

“Marvel did seek and was granted registration of the trademark it was using for that title,” Mallonee told Newsarama in April. “That registration, however, was not granted until several months after the title had ceased publication. In the mid-80s, on the basis of that registration, Marvel contested registration of the mark Hero Games was using at that time for its Champions role-playing game. The trademark board took notice of Marvel's abandonment of their earlier mark, and cancelled that registration. In the mid-90's, although Marvel had never resumed publication of their Champions comic book, Marvel tried again to register their mark. Once again, their mark was declared abandoned.

“Heroic Publishing, on the other hand, has since mid-1987 been using Champions as a trademark in connection with Heroic's small line of superhero comic books, and fully intends to continue to use it,” Mallonee continued. “Having resumed publication of their Champions comic book in 2005, Heroic Publishing filed for registration in May of 2006. The patent and trademark office agreed that Heroic's claim to that mark was both legitimate and eligible for registration. The mark was published for opposition. No opposition was received. Accordingly, Heroic's Champions trademark has been registered.”

According to Mallonee, the “elephant and the ant” claim doesn’t work. That is, Heroic isn’t so small as to not be noticed by Marvel.

“Marvel is not unaware of the existence of Heroic Publishing's Champions trademark,” Mallonee said. “Late last year, when Marvel published a trade paperback collection of stories from their Champions series from the mid-70's, Heroic sent Marvel's legal office a letter advising them that their use of the term “Champions” as a trademark for a comic-book-related product constituted an infringement on Heroic Publishing's existing trademark, and asking them to cease that infringement.

“With Marvel's announcement of their own new Champions series, this now becomes a most curious thing. Marvel could have chosen to offer opposition to the registration of Heroic Publishing's trademark. Marvel chose not to offer opposition. Instead, Marvel has announced publication of a comic book title that in light of the advisory sent to them last year may well constitute a willful and deliberate infringement on Heroic Publishing's registered trademark.

“Heroic Publishing's hope is that Marvel will begin acting in good faith, reconsider what they're doing, and come to some amicable agreement that will resolve this matter to the benefit of both parties.”

Marvel declined to comment on the matter in April, although sources report that the issue, which was doubted at first, was quickly taken seriously, and as a result, the solicitation for the series’ first issue on Marvel.com was changed to read:

THE ____________ introduces the all-new and Los Angeles-based crown jewel in Tony Stark’s FIFTY-STATE INITIATIVE. A team of Stark-branded and created super heroes, these young actors, athletes and models are infused with tremendous powers and even more tremendous fame, reborn as the First Super Hero Team of Tomorrow™ -- THE ____________. Here the same ol'-same ol' means hooking up at the Standard, drinks at SkyBar and a death-duel on Sunset Blvd. against some villain too stupid to realize that, in Hollywood, the good guys always win. The catch: you can be fired at any point along the way. And every inch of your life will be subjected to intense public scrutiny. And if you survive all that for a whole year, you'll face mandatory retirement. And there's no guarantee you'll live to see that retirement. If you had one year to save the world, what would you do?

And while the website referred to the series as “The Champions” with the solicitation of issue #2, the printed solicitation for the issue lists the title as “Series Title to be Announced.”

But that’s all behind the company now, as the series, which was to share the name of a series from the 1970s, now shares its name with a miniseries from 2002, written by Jo Duffy and Kurt Busiek. According to a source, several names were bandied about (including revivals of some fan favorites) once Marvel realized they did not own "The Champions," with The Order rising to the top of possibilities.

Regardless, the first issue is due in July.

edited 12:47pm

[SaturnKnight]

Originally Posted by MattBrady

And while the website referred to the series as “The Champions” with the solicitation of issue #2, the printed solicitation for the issue lists the title as “Series Title to be Announced.”

But that’s all behind the company now, as the series, which was to share the name of a series from the 1970s, now shares its name with a miniseries from 2002, written by Jo Duffy and Kurt Busiek.

Regardless, the first issue is due in July.

Sometimes David does beat Goliath.

Congratulations to Heroic on their well-deserved legal victory.

[whitemarkd]

Well, this is the last straw - I've never reading comics again...

[kalorama]

Score a victory for the little guy.

[scarlettspiderg]

Originally Posted by MattBrady

Now shares its name with a miniseries from 2002, written by Jo Duffy and Kurt Busiek.

Was "The Order" the mini series where the Defenders came together under a new name?

[ParisCub]

well, as there was no battle, there's no victory, really.

[Fletcher]

Wow what a shocker....ahh but Marvel is still big enough just to shrug this off.

I don't remember Newsarama breaking any story about contaversy though. I do remember reading the announcement about the series, but nothing about a contraversy.

Oh well,whatever, the real fun is going to be watching all the arm chair lawyers weigh in on this.

[Mercer]

Good job, Heroic.

Glad to see the smaller publisher sticking to their guns because they know that they're in the right rather than simply buckling.

[ziza9]

Premise sounds good. A little Youngbloodish no? I like the new name better as well.

[DAV!S]

Originally Posted by SaturnKnight

Sometimes David does beat Goliath.

Congratulations to Heroic on their well-deserved legal victory.

Can it really be a legal victory if it didn't go to court?

Anyhow, this whole thing has shown how plain stupid Marvel can be sometimes - if you're planning a new series, one of the first things you should do is check you can give it the name you want.

[tralfaz]

I liked the Order when they were the Defenders ruling Earth

[skaly]

If it's LA-based, will they encounter the Runaways?

[SpanishFly]

Wait....wasn't "The Order" a crappy Heath Ledger film....

[shady878]

Yay Heroic and good luck with your Champions

[Traumaville]

I don't know if 'The Order' is any better... they should have pulled a dirty and went with The 'New' Champions, and it would have fit right in with the glut of 'New' Titled series- New Avenegers, New X-Men, The New New Avengers....

[Rednax310]

Originally Posted by Traumaville

I don't know if 'The Order' is any better... they should have pulled a dirty and went with The 'New' Champions, and it would have fit right in with the glut of 'New' Titled series- New Avenegers, New X-Men, The New New Avengers....

You forgot New Excalibur. And, of course, New Joe Fridays.
Thank god they didn't go with New Champions. I hate that almost as much as Ultimates 2, Ultimates 3, or when they refer to runs on comic books as "Seasons." The only title where "New" makes sense is "New X-Men" (The current version. Not the Morrison run where the title was changed for a 'cool looking' logo.) How long are the New Avengers going to call themselves "New" Avengers? I could understand if the Avengers roster had remained the same until Disassembled, but the Avengers are "New" every 6 months. Just be the freaking Avengers.

[djcoffman]

Good on Heroic for not caving in.

[Verminous]

Originally Posted by kalorama

Score a victory for the little guy.

Yaye.......Let's welcome Heroic onto the stage to receive their prize, which is?!!! A little free publicity on Marvels back.

[Bugaboo-X]

Good gawd, why can't they stop rubbing our noses in the death of Captain America?! I'm so sick of hearing about that.

... Or maybe I'm imagining things again.

[Paladin]

Change it again Marvel. Go for the Defenders!

[newfoundma]

I guess it serves Marvel right. They go and copyright "super-hero" but continue to use a name that is copyrighted by another company? Go Heroic!

[Foobster]

Yep, it was also the name of the 6-issue Defenders off-shoot. I liked that series a lot more than the Defenders.

I was hoping this would have some sort of link to it (especially since they're both Busiek scribed), but apparently not. Sigh.

[Johnny Smith]

I'm surprised Marvel decided not to contest this


but The Order it is!

[motteditor]

Originally Posted by skaly

If it's LA-based, will they encounter the Runaways?

Very minor spoilers: The Runaways aren't in LA at the moment. Though I suppose they could go back there while the Champions, er, Order are still coming out.

I like Champions a bit better as a name -- it's a great title -- but I'll base my decision on whether the content of the book is any good. I'm on the fence about it at the moment.

[Shadowcards]

Way to go Champions!

I played Champions in my younger days. Our LA team was called "The First Wave" which sounds infinitely better than "The Order" Of course, we had better heroes too.. The Beach Bum, Avocado Man (and the Guacomoli Kid), Gadgeteer, and Soundoff. They fought well against their threat.. the Black Tide!