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Home » Daily Blog, Featured, Trademark

Superman vs. Shop Owner

Submitted by Melissa Grosett on February 27, 2013 – 12:01 AM6834One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F02%2F27%2Fsuperman-vs-shop-owner%2FSuperman+vs.+Shop+Owner2013-02-27+05%3A01%3A54Melissa+Grosetthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6834

Barber and his Superman Hair Cutting CapesOn January 22, 2013, U.S. District Judge John Antoon II issued an order dismissing DC Comic’s claims against barbershop owner Reginal Jones, citing that they had agreed to settle their dispute.

DC Comics, owner of the trademarks to popular heroes such as Superman, Batman, and Wonder Woman, initially filed its complaint on September 25, 2012, claiming that “Defendants have ignored DC’s lawful demands and continue to utilize the infringing promotions in conjunction with the infringing barbershops.” The complaint raised claims of trademark infringement in violation of the Lanham Act, claims under the Anti-cybersquatting Consumer Protection Act, and unfair competition claims under Florida law. Reginal Jones, owner of Supermen Fades To Fros and Superman Pro Barbershop, both of which are located in Florida, incorporated the famous Superman logo into the signs outside of his shops, the clothing and capes that the barbers wear, and vehicle wrap advertising. DC Comics’ alleged main concern was that Jones’ use of their trademarks would cause confusion and deception, leading people to think that he was somehow affiliated with them. DC Comics originally sought the destruction of all infringing materials, the surrender of Jones’ domain name, and the cancelation of all business names containing the Superman trade or service marks.

In his response to the lawsuit, Jones stated, “DC Comics has decided to pick on me because they know I am a small local barber and cannot afford the big lawyers they can. I am asking that you look very carefully at what they are trying to do and not let them take advantage of me.” Jones represented himself throughout the matter.

While it seems that before the settlement Jones was shaping up for a David and Goliath kind of argument, would that have worked in this case? On the one hand, the main issue is two signs, which are located in two small town barbershops and might not affect DC Comics. On the other hand, Jones deliberately used this Superman sign, and as DC Comics noted in their complaint they “never at any time authorized defendants to utilize the infringing promotions in conjunction with any barbershop business and/or the sale or offer for sale of hair groom services.” Therefore, it seems as though they were legitimately just trying to protect their assets.

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About the Author:

Author: Melissa Grosett

Melissa is a 1L at American University Washington College of Law serving as a Junior Blogger for the Intellectual Property Brief. She graduated from SUNY Stony Brook University in May 2012 where she received a B.S. in Business Management and a B.A. in Psychology. In undergrad, she served as the Manager of her school's Division 1 football team and as the President of the National Association of Black Accountants. At WCL, she serves as her section's Black Law Students Association representative and is a member of the Business Law Society. Her interests include intellectual property law, corporate law, and sports law.

Melissa Grosett has written 6 posts for the IPB.

6834One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F02%2F27%2Fsuperman-vs-shop-owner%2FSuperman+vs.+Shop+Owner2013-02-27+05%3A01%3A54Melissa+Grosetthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6834 »

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