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BlackWolfe
Current Version
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Not sure how to fit it in, but [[JustifiedTrope comic publishers other than Marvel and DC]] legally \'\'\'cannot\'\'\' use the word \
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Not sure how to fit it in, but [[JustifiedTrope comic publishers other than Marvel and DC]] legally \\\'\\\'\\\'cannot\\\'\\\'\\\' use the word \\\"Superhero,\\\" as the [[FanNickname Big Two]] have the trademark for that. While the word can be used \\\'\\\'within\\\'\\\' the works, they cannot show up in titles or merchandise.
Where it gets ugly is that while legally, Marvel and DC can only sue for use in titles and product names, Marvel in particular has a history of suing people at the slightest provocation, even knowing they won\\\'t win, because they were large enough to drive the competition broke.
Marvel was recently bought out by another company that not only has a similar history, but taught them the trick by trying to drive them out of business the same way. This has made small publishers reluctant to use the term more out of fear of being driven out of business than any desire for realism. Also, not all small publishers are aware of the limits on the trademark, and they may believe that it applies to its use within the work as well.
Where it gets ugly is that while legally, Marvel and DC can only sue for use in titles and product names, Marvel in particular has a history of suing people at the slightest provocation, even knowing they won\\\'t win, because they were large enough to drive the competition broke.
Marvel was recently bought out by another company that not only has a similar history, but taught them the trick by trying to drive them out of business the same way. This has made small publishers reluctant to use the term more out of fear of being driven out of business than any desire for realism. Also, not all small publishers are aware of the limits on the trademark, and they may believe that it applies to its use within the work as well.
