I think their point is that they already effectively lost the trademark—they only had it on paper. That paper was enough to scare a lot of people into paying, b

I think their point is that they already effectively lost the trademark—they only had it on paper. That paper was enough to scare a lot of people into paying, but now even those who were cowed into paying a license fee in the past are free to stop. Letting one more usage slide would not make "Super Heroes" more generic.