It’s a bird, it’s a plane, it’s a … barber? Barbershop Sued by DC Comics over Superman Marks
DC Comics has filed a trademark infringement suit against a Florida barbershop owner in federal court. The suit accuses the owners of “Supermen Fades to Fros LLC” of using signs, promotion materials and logos which bear DC Comics’ trademarked “Superman” materials.
DC Comics requested that the shop owner cease the use of the marks on multiple occasions without result. DC’s complaint notes that “DC has never at any time authorized defendants to utilize the infringing promotions in conjunction with any barbershop business and/or the sale or offer for sale of hair groom services. Defendants’ use of the infringing promotions is likely to cause confusion, to cause mistake and to deceive as to the affiliation, connection or association of defendants’ infringing barbershops with DC.”
The complaint also alleges that “Supermen Fades to Fros” shops use barber capes bearing the Superman logo and utilizes Superman imagery for advertisement purposes on the company’s website. Aside from trademark infringement in violation of the Lanham Act, the suit also puts forth claims under the Federal Anicybersquatting Consumer Protection Action, and claims for dilution and unfair competition under Florida state and common law.