[hn_throwaway_99]

> 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.