Hello, we are running a logistics company in India called Superman Delivers... Superman is a common word in the dictionary that can be used by anybody. Also our industry segment is different. We have filed for a trademark in india. Recently Warner brother have raised a concern due to which our facebook page got blocked. There are various other companies using Superman Toys, Superman Shop, Superman etc. Can use help us out with how we can ask facebook to enable our page.. also if this can be a problem later on.
Superman may be in the dictionary, but it is also a registered trademark several times over by Warner Bros. and by DC Comics. I would hesitate using such a word for fear of either or both of these entities will prevent you from your use, especially in the US. Please seek the advice of an IP attorney that can go over the standards for trademark infringement and dilution with you before you invest more money in a mark that may only cause you to spend your advertising budget on legal fees.
My answer is general information, neither constituting legal advice nor resulting an attorney-client relationship.
The word "Sprint" is also in the dictionary.
As noted, Superman is a famous trademark and as such they can make very good legal arguments of trademark dilution even if their mark is used in connection with goods and services that they are not associated with. For example, I don't care what you intend to sell, but if you call it the "McWhatever" you can expect to hear from McDonald's lawyers.
Before you do anything further, I suggest that you consult with a lawyer in private and discuss your best course of action in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
I agree with these others attorneys. The only additional thing I would add is that social media and online platforms like Facebook have internal policies that bar "repeat infringers" from using their platforms. As you are on notice of other rights holders claims to the mark based on your experience with your Indian trademark application, and the subjective discretion platform officers have to determine repeat infringement, any subsequent usages of the SUPERMAN mark on Facebook may be considered a repeat infringement, thereby potentially jeopardizing your ability to use Facebook going forward.
Working with a qualified Washington state intellectual property attorney can assist you with further evaluating these matters. Good luck!
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
You're right that "Superman is a common word in the dictionary that can be used by anybody" -- but ONLY if by "use" you mean in conversation, literary works and song. "Superman" cannot lawfully be used in the United States by anyone other than D.C. Comics / Warner Communications to brand ANY product or service -- including a "logistics company."
D.C. Comics / Warner Communications owns not only the famous trademark SUPERMAN but also the trademark rights to SUPERWOMAN, SUPERBOY, SUPERGIRL, and SUPER FRIENDS. In trademark lingo, they own a "family" of "Super" marks.
So not only can't others lawfully use "Superman" as, or as part as, their company or product branding, no one can lawfully use anything similar. The following are phrases that others have attempted to use to brand their company or product which were objected to by D.C. Comics / Warner Communications: SUPERWOMANBLOGS, SUPERWOMAN, THE ADVENTURES OF SUPERKID, SUPER WOMAN OF REAL ESTATE, SUPERCUBAN, SUPER ATM, SUPERMANKET, SUPER FLY BOY, SUPER DOGS, SUPER KIDS AND DAD, SUPER 8, SUPER GIMP, SUPER MOMMIES FITNESS.
In short, you have almost NO chance to persuade Facebook to re-instate your page under the name "Superman Delivers." Good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Good question. Superman is a common word in the Dictionary and can be used in conversation. However, it is a famous trademark of DC comics and Warner Brothers and therefore cannot be used as a trademark or tradename for your company, at least here in the US. I suggest that you change the name of your company, or most likely face a lawsuit from these companies. I also suggest that you retain an experienced US Trademark/IP attorney to clear your mark and provide advice to you in confidence.
For more detailed advice, I recommend that you contact an experienced Trademark attorney to advise you in confidence about your options and potential costs. Many IP specialty firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Trademark attorney who can assist you.
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