Grape Moments in Trademark Infringement

I saw these packages of grapes at a local supermarket this morning. Now, I'm a big proponent of Fair Use, but in this case I think that DC Comics could file & win a trademark-infringement lawsuit against whomever it is who packages these "California Table Grapes, Produce of USA" (the only other text on the package).

As astute Superman geeks researchers have already noted, this "Supergrape" logotype (not just logo) is, apart from "grape," pretty much identical to the one used on pre-1987 Superman comic books and merchandise. Time to update your swipe files, "California Table Grapes, Produce of USA"!

(An official ComicsResearch.org "Not-a-Prize" for the first person to explain the "how & why" of that pre-1987 dating.)

Image: Courtesy of Palm Centro.

June 22 at The Met - Superheroes: Fashion and Fantasy

More information on the "Superheroes: Fashion and Fantasy" exhibit can be found here. And ComicsResearch.org's information on the exhibit's accompanying book can be found here.

Superheroes: Fashion and Fantasy
Sunday at the Met
Sunday, June 22, 2008

All programs are in The Grace Rainey Rogers Auditorium
and are free with Museum admission.

This all-day event of lectures and panel discussions brings together leading international scholars, critics, and designers to discuss the world of costumes and comics. Themes include the appropriation of the uniform, the adaptation of superhero costumes for the screen, the creation of modern mythologies, and the role of the superhero as metaphor in contemporary society.

LECTURES

10:00
E Pluribus Unitard: Notes toward a Theory of Superhero Costuming
Peter Coogan, director, The Institute for Comics Studies

10:30
Writers Panel
Danny Fingeroth, author, Disguised as Clark Kent: Jews, Comics, and the Creation of the Superhero; Richard Reynolds, author, Super Heroes: A Modern Mythology; and Paul Levitz, president and publisher, DC Comics

11:45
The Boys in the Hoods: The Costumed Vigilante as Urban Dandy
Scott Bukatman, associate professor, Department of Art and Art History, Stanford University

2:00
Costume Designers Panel
Geoff Klock, assistant professor, Borough of Manhattan Community College; and Adi Granov and Phil Saunders, illustrators and concept Designers, Iron Man

3:00
Artists Panel
Alex Ross, comic artist; Stanford Carpenter, assistant professor, Visual and Critical Studies, School of the Art Institute of Chicago; and Arlen Schumer, comic book art historian, The Dynamic Duo Studio, Inc.

4:00
The Gods of Greece, Rome, and Egypt Still Exist—Only Today They Wear Spandex and Capes!
Michael Uslan, executive producer, The Dark Knight

The exhibition and its accompanying book are made possible by Giorgio Armani.

Additional support is provided by Condé Nast.

Marvel & DC's Super-Hero "Claim"

As BoingBoing notes (also here, with earlier info here), Marvel Comics is again flexing its muscles and asserting that it co-owns (with DC Comics) a trademark on the term "super heroes" - this time in the publicity for its "Marvel Super Heroes Science Exhibition."

Marvel and DC have been claiming and attempting to enforce this "trademark" for many years. According to this link (one of several) from the US Patent and Trademark Office's "Trademark Application and Registration Retrieval system," Marvel & DC claim a "First Use in Commerce Date" of October 1966. Most knowledgeable folks aggree that this claim is bogus on many levels, but that hasn't stopped the USPTO from allowing the publishers to register the claim successfully and repeatedly over the past few decades. Digging around the archives via TESS reveals that all TM claims aren't automatically registered - some are denied. But from what I can tell, they've never denied Marvel & DC's claim.

Apparently, just because the USPTO allows you to register a trademark doesn't actually mean that they're endorsing your claim's validity - they're just aggreeing that, well, you've made the claim (tax dollars at "work," folks!). I suppose if someone with deep enough pockets and stamina to spare were to take Marvel & DC to court over this, the claim's bogus nature would be revealed and overcome. But until then, these two "super-gorillas" continue to throw their imagined weight around.

Thanks to several folks at the Comics Scholars Discussion List for helping me figure out what I think is going on in this situation. Caveat lector: I ain't no lawyer!