Legal Opinion

In re DC Comics, Inc.

Court of Customs and Patent Appeals

Decided September 30, 1982No. Appeal No. 82-528PublishedCited by 35 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (board) decision sustaining the examiner’s refusal of three applications by appellant for registration on the Principal Register.1 In re DC Comics, 211 USPQ 834 (TTAB 1981). We reverse.

Background

Appellant is a publisher of comic books detailing the fictional exploits of assorted “super heroes” and villains, and is also the producer or sponsor of products that are related in some way to these characters. Appellant now seeks to register particular drawings of three characters, Superman,…

2Cases cited10 opinions

  1. In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
  2. In re Abcor Development Corp.Court of Customs and Patent Appeals · 1978
  3. Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976
  4. Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952
  5. Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961

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3Cited by35 opinions

  1. Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
  2. Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994
  3. A.J. Canfield Company, a Corporation v. Honickman, Harold, an Individual and Concord Beverage Company, a CorporationCourt of Appeals for the Third Circuit · 1986
  4. Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
  5. Warner Bros. Inc. v. Gay Toys, Inc.Court of Appeals for the Second Circuit · 1983

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