Termites aren’t this real estate agents biggest problem. Cue the lawyers as termites jokes. DC Comics has opposed a real estate agent’s attempt to register a trademark for SUPERCONDOMAN claiming the mark is confusingly similar to its SUPERMAN trademark.According to an expert witness website, Thomas C. Engblom, PhD, CMCA, AMS, PCAM, ARM, CPM, is the owner of SuperCondoMan LLC and is an experienced Property Manager and Association Condominium and an expert on property management related to operations, profitability, litigation, collection, contracting and insurance liability. You think I would just let that pass? I have no clue what that eye chart of letters are after his name but seems like Mr. Engblom has a lot of degrees. One in trademark law isn’t one of them. Mr. Engblom (pictured to the right) went to a trademark service to register the SUPERCONDOMAN trademark. These trademark services are cheap alternatives to the well-informed advise of an attorney and do things on the cheap. An experience trademark attorney would have probably advised against seeking registration of a mark that has one of the world’s most famous trademarks, SUPERMAN, contained in it. (This one would have advised against it.)
Since 1938, Superman has been rescuing kittens from trees and helping the elderly cross the street. It has become, probably, the most recognized superhero and trademark in the field of comic books and entertainment. Englblom has filed his registration in a class that covers “Real estate consultancy; Real estate agency
services” and “Arranging and conducting business seminars and classes in the field of real estate.” DC Comics argues that the name is bound to be confused with the SUPERMAN trademark, which is a strong argument. But, DC Comics then argues “based on the similarity of the marks and the relatedness of the goods and services,
consumers are likely to be deceived into falsely believing that the services offered by Applicant
under Applicant’s Mark originate from or are otherwise associated with or endorsed by Opposer.” While I agree the marks are similar, I do not see a relatedness of the goods and services. DC Comics is not in the business of selling or advising on real estate. Not the Superman of arguments there.
I do expect this opposition to be successful and more likely that a settlement will be reached where Engblom walks away into the sunset without his SUPERCONDOMAN trademark.