DC Comics v. Kryptonite Corporation
United States District Court for the Southern District of New York
336 F. Supp. 2d 324 (2004)
- Written by Sarah Holley, JD
Facts
DC Comics (plaintiff) was the publisher of comic books and magazines featuring the character Superman. First introduced in 1943, the fictional element kryptonite quickly became staple of the Superman character and story as his one fatal flaw. Kryptonite Corporation (KC) (defendant) was a manufacturer of bicycle and motorcycle locks and accessories. After DC Comics discovered KC was using the Kryptonite trademark, the parties entered into an agreement to permit the mark’s continued use subject to certain limitations. Specifically, KC agreed to use the Kryptonite mark only in connection with specific goods and to refrain from registering the Kryptonite or any Krypt-formative marks for goods beyond those agreed-upon. When KC filed trademark applications indicating an intention to use the Kryptonite and certain Krypt-formative marks in connection with goods beyond those agreed-upon, DC Comics filed suit, alleging violations of the Lanham Act, among other claims. KC filed a motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Owen, J.)
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