A Florida cell phone repair company can register a “Cellular Nerd” trademark because it differs substantially from DC Comics’ “Superman” shield trademarks, an administrative tribunal ruled Tuesday.
Cellular Nerd LLC’s mark includes elements common to DC Comics’ Superman trademarks with a “nerd” ripping open his shirt to reveal a “CN” on a shield similarly shaped to Superman’s “S.” But dominant lettering and differences in products covered meant consumers would “easily distinguish” it from DC Comics’ marks, the Trademark Trial and Appeal Board said in a precedential opinion.
The board also rejected DC Comics’ contention that the proposed mark would dilute ...