Article 70ZKK DC Comics Goes After Another European Org For Using ‘Wonder’ And ‘Mum’ Together Over Trademark

DC Comics Goes After Another European Org For Using ‘Wonder’ And ‘Mum’ Together Over Trademark

by
Timothy Geigner
from Techdirt on (#70ZKK)

Several years ago, DC Comics opposed the trademark sought by Unilever for the term Wonder Mum" with the UKIPO over its trademarks for Wonder Woman". Now, DC Comics is notoriously draconian when it comes to policing its IP, trademarks included, but this one was fairly ridiculous, as the UKIPO pointed out. There is no actual branding comparison here. No color schemes or tradedress that would point someone to Wonder Woman. Despite that, DC took the case to the UK High Court. While we didn't report on the result at the time, the High Court rejected DC's appeal and affirmed the decision by the UKIPO.

Those who do not learn from past mistakes are doomed to repeat them, as the saying goes. This time, back in April, DC Comics had sent C&D notices to a French woman who runs an app dedicated to providing family guidance called Wondermum."

When I got the letter, I rang my close friends and said: Very funny, guys,' thinking it was an April fool," she said. Then I contacted the lawyers' office and realised it was no joke. They told meDC Comicsobjected to the name Wondermum."

Soberon, 43, who visits schools to talk about bullying, is a hero to parents and children in Caen in Normandy, where her company is based. The app provides local listings for family activities and ateliers (workshops) as well as advice and a chatroom. She insists her creation bears no resemblance to the fictional Wonder Woman.

She's absolutely right about that last bit. Nothing in the app, from color schema to its logo, looks anything remotely like the branding or iconography for Wonder Woman. Like... not even close. If you think the following images from the Google Play Store in any way call Wonder Woman to mind, you have a problem and should seek professional help.

image-6.png?resize=1024%2C574&ssl=1

So, fast forward six months and this idiotic fight is still going on. Soberon has reportedly lost nearly 20 lbs due to all the stress surrounding this battle and she has had to spend a decent chunk of money to retain legal representation for this battle that never should have been. This is how trademark bullying works, as we've said many times. The practice relies on both fear and disparate legal warchests so that the bully gets its way, no matter how unjust that outcome is.

Soberon has had to setup a crowdfunding page for help with her legal bills as a result.

Anne-Laure Boileau, Soberon's lawyer, said she had been accused of registering and using a trademark that DC Comics - which is owned byWarner Brosand also home to Batman and Superman - says conflicts with its Wonder Woman trademark.

It basically criticises the similarities between the two trademarks but the only similarity is the prefix wonder'. Beyond this prefix and beyond the reference to women, there are no visual or graphic similarities, and above all, we are dealing with concepts that are completely different," Boileautold French television.

This is a woman attempting to build a business around helping parents and children alike. The name came from Soberon's daughter, in the wake of a death in their family, in which she referred to her mother as a wonder mum."

That's who DC Comics is attempting to drain of money and time, applying stress and pressure over a trademark concern that simply doesn't exist. It's remarkable just how often DC Comics becomes the villain in these stories.

But, hey, at least this time DC isn't trying to fight a trademark battle over the gravestone of an abused child.

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