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But there's nothing stopping them from jointly holding a trademark through a trade association. The United Negro College Fund holds a trademark on the phrase "a

But there's nothing stopping them from jointly holding a trademark through a trade association. The United Negro College Fund holds a trademark on the phrase "a mind is a terrible thing to waste". It's a group with closed membership. This is just the normal, intended functioning of the system. The problem with the SUPER HERO trademark is that it's descriptive, not that it's held by a trade association.

hn_throwaway_99 2y ago
> The problem with the SUPER HERO trademark is that it's descriptive, not that it's held by a trade association. No, that's wrong, because the court clearly specified both problems as being reasons for invalidating the mark: > 6. DC and Marvel claim that no one can use the term SUPER HERO (or superhero, super-hero, or any other version of the term) without their permission. DC and Marvel are wrong. Trademark law does not permit companies to claim ownership over an entire genre. SUPER HERO is a generic term that should not be protected as a trademark. > 7. Trademark law also does not allow competitors to claim joint ownership over a single mark. The purpose of a trademark is to identify a single source of goods and services.