Wonder woman logo3/19/2023 ![]() ![]() ![]() Trademark Rights Protection Shouldn't Be In HindsightĪs such, the lesson that can be learned from this scenario is that it would behoove trademark owners to actively monitor their brands and marks and have strategies in place regarding when to serve cease-and-desist letters or when to dispute pending trademark applications in order to avoid the registration of confusingly similar marks. As such, in situations like these, it would have been better for Whataburger to contact DC Comics long before the mark became popular or oft-used. In fact, it is not uncommon for movie franchises to want to retain the rights for use of their logos with food and beverages in order to be allowed to ink lucrative licensing deals. For instance, if DC Comics wanted to grant Whataburger’s competitor, McDonald’s, the right to use the Wonder Woman logo for a summer burger campaign, DC Comics may not want to agree to stay out of the restaurant goods and services’ marketing channels. While Whataburger claims that the talks have been friendly, and no current disputes between the two entities are pending, one does wonder whether DC Comics has any interest in respecting the rights of localized hamburger chain when Wonder Woman, as a movie franchise, has already enjoyed international success and has a sequel in production currently pending. With this recent foray into food and beverages, Whataburger states that they have contacted DC Comics to discuss their respective intellectual property rights and marketing channels. The new applications now cover a new range of goods that vary from bubble gum to sports drinks. With the resurgence in Wonder Woman’s marketability and popularity, DC Comics has now filed for a number of new uses for the Wonder Woman logo. ![]() DC Comics Expands Use of Wonder Woman Logo As such, Whataburger did not seem to take issue with DC Comics’ registration of the logo despite the similarity in appearance. More specifically, DC Comics did not register the logo for use with food and beverage at that time. Although the logos were similar, Whataburger did not take issue with the registration because DC Comics’ use did not overlap with Whataburger’s use. ![]()
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