[acdha]

How many of those uses of “Apple” were for sales of recorded music? Trademarks aren’t a flat namespace and in this case a court would be looking at the use of that term by multiple companies to refer to similar things prior to creation of our hypothetical organization by those companies with a history of litigation against earlier users, all of which would suggest that this is a generic term they’re trying to close off.

[thaumasiotes]

No, you've confused trademarks with patents.

[acdha]

No, I haven’t. Since multiple other people have needed to correct you, there’s clearly a communications failure here. The U.S. PTO has a good background page discussing how they assess the strength of a claim:

https://www.uspto.gov/trademarks/basics/strong-trademarks

This helps us understand that “Apple records” can be a trademark because even though “apple” is an old, generic term for agriculture it wasn’t generic in the context of selling music and only that one company was using it there. Similarly, their examples note that “app store” is generic which is why you always see it referred to as the “Apple App Store”, and Apple’s suit against Amazon’s for use of the term failed.

In this case, the trademark for “superhero” as opposed to “Marvel superhero” involves questions about how strongly consumers identify that term with those companies. That’s where the history comes in, and why it doesn’t change matters if they created a shell organization. The question would involve both prior use by other companies and how over that time popular usage has shifted – has it specialized to mean only the DC/Marvel characters, or do consumers think of any over-powered character as a superhero regardless of whether it’s a DC/Marvel property. Transferring ownership to an organization controlled by the two current holders is a legal maneuver which doesn’t control whether the public usage is descriptive or generic instead of referring to products specifically made by those two companies.

[thaumasiotes]

> In this case, the trademark for “superhero” as opposed to “Marvel superhero” involves questions about how strongly consumers identify that term with those companies. That’s where the history comes in, and why it doesn’t change matters if they created a shell organization. The question would involve both prior use by other companies and how over that time popular usage has shifted – has it specialized to mean only the DC/Marvel characters, or do consumers think of any over-powered character as a superhero regardless of whether it’s a DC/Marvel property. Transferring ownership to an organization controlled by the two current holders is a legal maneuver which doesn’t control whether the public usage is descriptive or generic instead of referring to products specifically made by those two companies.

Here's your earlier comment:

>> it’d be trivial to show that usage of the term predated that organization by decades

I pointed out that that wouldn't be relevant, and you're agreeing with that here. What kind of "correction" is this?

Assume, as you do, that "super hero" was originally in common use to refer to any benevolent character with supernatural abilities, and over time, subsequent to the grant of the trademark, it specialized to the point that the public now understands it only to refer to characters owned by DC or Marvel.

That would tell us that (1) as a historical matter, the trademark was improperly granted; and (2) as a legal matter, the trademark is currently valid. The preexisting use doesn't matter to anyone. The current meaning of the term matters.

[acdha]

> I pointed out that that wouldn't be relevant, and you're agreeing with that here. What kind of "correction" is this?

It’s the kind where multiple people are trying to help you understand something. Trademarks are intended to avoid confusion in the marketplace, so my point was that later shifting ownership to a different organization doesn’t change the question. They’d still be asking whether consumers think of the term as specific or generic because consumers rarely care about the distinction between a company and an organization controlled by that company.