their are 2 systems, the civil justice system and the criminal justice system... Both are a mess in different ways...
We can sue for anything in the USA, provided we can quantify our loss as more than 20$. (that was written when 20$ was like 2000 bucks)
in addition.. the now abused trademark system lets people get into really strange battles... and sometimes works against the company... like when Asprin (bayer) lost their trademark on the word asprin. Kleenex nearly lost theirs, and Xerox almost lost their name.
Part of having a trademark or a patent is protecting it, so you have to sue people who use it, because not doing so can cause you to lose it.
This leads to their being many many seemingly frivilous lawsuits by companies... they have to sue, because if they don't, they can lose what is rightfully theirs.
As to wether or not Super Hero really belongs to DC and Marvel, I don't know.... realisticly they should have lost it in the 70s before they applyed for it... only they were awarded it and proceeded to enforce it, so legally they are on pretty solid ground... Someone would have to take a poll and ask "What does Super Hero mean to you" and get answers like "A fireman" to be able to overturn their trademark....
We can sue for anything in the USA, provided we can quantify our loss as more than 20$. (that was written when 20$ was like 2000 bucks)
in addition.. the now abused trademark system lets people get into really strange battles... and sometimes works against the company... like when Asprin (bayer) lost their trademark on the word asprin. Kleenex nearly lost theirs, and Xerox almost lost their name.
Part of having a trademark or a patent is protecting it, so you have to sue people who use it, because not doing so can cause you to lose it.
This leads to their being many many seemingly frivilous lawsuits by companies... they have to sue, because if they don't, they can lose what is rightfully theirs.
As to wether or not Super Hero really belongs to DC and Marvel, I don't know.... realisticly they should have lost it in the 70s before they applyed for it... only they were awarded it and proceeded to enforce it, so legally they are on pretty solid ground... Someone would have to take a poll and ask "What does Super Hero mean to you" and get answers like "A fireman" to be able to overturn their trademark....