An editorial in today’s LA Times chastizes Marvel for its recruitment of a science museum to help it steal the word “superhero” from the public domain:
In trademark law, the more unusual a term, the more it qualifies for protection. We would have no quarrel with Marvel and DC had they called their superheroes “actosapiens,” then trademarked that. But purely generic terms aren’t entitled to protection, at least in theory. The reason is simple: Trademarks restrict speech, and to put widely used terms under private control is an assault on our language.
Once a trademark is granted, it remains in effect until someone proves to the feds that the term has lost its association with a specific brand, as happened with “cellophane” and “linoleum.” That’s why Johnson & Johnson sells “Band-Aid brand adhesive bandages,” not simply Band-Aids(TM).
(Thanks, Will!)