From: Powers, Jessica A.
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`Sent: 2/7/2011 8:42:55 AM
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`To: TTAB EFiling
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`CC:
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`Subject: U.S. TRADEMARK APPLICATION NO. 77816357 - PETER CANNON
`THUNDERBOLT - S1002-5008 - Request for Reconsideration Denied - Return to TTAB
`- Message 2 of 12
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`Attachment Information:
`Count: 3
`Files: evidence2-03.jpg, evidence2-04.jpg, evidence2-05.jpg
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`httprfwebcache googleusercontent.comi'search7o:cache.u bAMo4Cfz4J.en.wikipedia.org/wikifSuperman+%22c|ark+|<ent
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`The pair re—envisioned the character‘ who became more ofa hero in the mythic tradition‘ inspired by such characters as Samson and Herculesllsl who would right the wrongs of
`Siegel and Shuster's times‘ fighting for socialjustice and against tyranny lt was at this stage the costume was introduced‘ Siegel later recalling that they created a "kind of costume
`and let's give him a big S on his chest‘ and a cape‘ make him as colorful as we can and as distinctive as we can “[5] The design was based in part on the costumes worn by
`characters in outer space settings published in pulp magazines. as well as comic strips such as Flash Gorcfonllgl and also partly suggested by the traditional circus strongman
`uulfil‘ WlIlLil Luiripiised e peii ufsliuils wurri Liver e Luillldblillg l.IU|Jyt-uil l‘1l’“1 However‘ iiie cape ildh been noted as being meiketiiy uirreieiti item the Vicluriari iietiiiioti eety Engie
`described it as without “precedent in popular culture“ in Superman at Fifty. The Persistence ofa Legendlzll The circus performers shorts-over-tights outfit was soon established as
`the basis for many future superhero outfits This third version ofthe characterwas given extraordinary abilities‘ although this time ofa physical nature as opposed to the mental
`abilities ofthe villainous Superman [5]
`"Jerry created all the names We were great movie fans‘ and were inspired a lot by the
`The locale and the hero's civilian names were inspired by the movies‘ Shuster said in ‘lQElC-l
`actors and actresses we saw. As for Clark Kent‘ he combined the names ofC|ark Gable and Kent Taylor. And Metropolis‘ the city in which Superman operated‘ came from the Fritz
`Lang movie [Metropor'is‘ 1927]‘ which we both |oved“.l22l
`Although they were by now selling material to comic book publishers‘ notably Malcolm Wheeler-Nicholsons National Allied Publishing‘ the pair decided to feature this character in a
`comic strip format, ratherthan in the longer comic book story format that was establishing itself at this time They offered it to both Matt Gaines, who passed, and to United Feature
`Syndicate‘ who expressed interest initially but finally reyected the strip in a letter dated February 18‘ T93? However‘ in what historian Les Daniels describes as “an incredibly
`convoluted turn of events", Max Gaines ended up positioning the strip as the lead feature in Wheeler—Nicholson‘s new publication‘ Action Comics Vin Sullivan‘ editor ofthe new book‘
`wrote to the pair requesting that the comic strips be refashioned to suit the comic book format‘ reguesting “eight panels a page“ However Siegel and Shuster ignored this‘ utilizing
`their own B}fpEflEl’lCE and ideas to create page layouts‘ with Siegel also identifying the image used forthe cover ofAction Comicstil (June 1938)‘ Superman's first appearance [23] ln
`February 2E|1E|‘ an original Action Comics #1 was sold at auction for $‘l
`‘DEIELEIEIEI [241
`Siegel may have been inspired to create the Superman character due to the death of his father Mitchell Siegel was an immigrant who owned a clothing store on New York's Lower
`East Side He died during a robbery attempt in l932‘ a year before Superman was created Although Siegel never mentioned the death ofhis father in interviews‘ both Gerard Jones
`and Brad Meltzer believe it must have affected him ''It had to have an effect," says Jones “There's a connection there‘ the loss ofa dad as a source for Superman " Meltzer states
`“Vourfather dies in a robbery, and you invent a bulletproofman who becomes the world's greatest hero l'm sorry‘ but there's a story there "[25]
`Publication
`See also‘ List of Superman comics
`
`
`
`Superman's tirst appearance was in Actron Oornfcs fitl , in I933 In I933, a selfltitled series was launched The t'irst issue mainly reprinted
`adventures published in Actrcn Comrcs, but despite this the book achieved greater sales [ml The year 1939 also saw the publication of New
`York Woridls Fair Corrifcs‘ which by summer of 1942 became Woridls Finest Comics. With issue #7 ofAiJ Star Comics‘ Superman made
`the first ofa number ofinfreguent appearances, on this occasion appearing in cameo to establish his honorary membership in the Justice
`Society ofximerica [271
`Initially Jerry Siegel and Joe Shuster provided the story and art for all the strips published However‘ Shuster‘s eyesight began to deteriorate,
`and the increasing appearances ofthe character meant an increase in the workload This led Shusterto establish a studio to assist in the
`production ofthe ai1‘l2El although he insisted on drawing the face ofevery Superman the studio produced. Outside the studio‘ Jack Elurnley
`hogan siirtplying cnvers anrl stnriesin1Fl11|‘l_l2al:-tnrlin1Fl11‘l aim-.i Frfirl Pay hegan mnmiiiiiing A stream ntsiiperman covers‘ wk: nf
`which, such as that of Superman #121 (February T9112), became iconic and much reproduced Wayne Boring, initially employed in Shuster's
`studio‘ began working for DC in his own right in 19A2 providing pages for both Superman and Action Comics [29] Al Fllastino was hired
`initially to copy Wayne Eoring but was eventually allowed to create his own style and became one ofthe most prolific Superman artists
`during the Gold and SilverAges ofcomics [30]
`The scripting duties also became shared. ln late ‘i939 a new editorial team assumed control ofthe characters adventures Whitney
`Ellsworth‘ Mort Weisinger and Jack Schiffwere brought in following Vin Su|livan‘s departure This new editorial team brought in Edmond
`Hamilton. Manly Wade Wellman‘ and Alfred Bester‘ established writers of science fiction [31]
`By i943‘ Jerry Siegel was drafted into the army in a special celebration‘ and as a result his contributions diminished. Don Cameron and
`Alvin Schwartz joined the writing team. Schwartz teaming up with Wayne Boring to work on the Superman comic strip‘ which had been
`launched by Siegel and Shuster in 1939 [:9]
`ln i945‘ Superboy made his debut in More Fun Comics#’lE|l The character moved to Adventure Cormcs in 194E, and his own title, Sunerboy‘ was launched in ‘l949 The lBEE|s saw
`the launching of Superman's Pal Jimmy Ofsen(l9Eir1) and Supermanls Girifriend Lots Lane (T958) By 197:1 these titles had merged into Superman Famiiy, although the series was
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`Superman melting his debut in Jlclron
`calms #1 (June 1ECIEl) covet an by Joe
`Shuster
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`cancelled in l902. DC Comics Presents was a series published from 'l9TB to l90E featuring team—ups between Superman and a wide variety of other characters ofthe DC Universe.
`in l905, a decision was taken to restructure the universe the Superman character inhabited with other DC characters in the miniseries CrI.sr's on r'nfmr'te Earths, resulting in the
`publication of "Whatever Happened to the Man ofTomorrow", a two-part story written by Alan Moore, with art by Curt Swan, George Perez and Kurt Schattenbergerlsil The story was
`published in Supermantf-423 and Actron Comrcs #603 and presented what Les Daniels notes as "the sense ofloss the fans might have experienced ifthis had really been the last
`Superman tale “l33l
`Superman was relaunched by writer 3: artist John Byrne, initially In the limited series The Man ot.S‘teeJ(l90E) The year 1900 also sawthe
`cancellation of Worlds Finest Comics, and the Superman title renamed Adventures of Superman A second volume of Superman was
`launched in l907, running until cancellation In 200E Atterthis cancellation, Adventures of Superman reverted to the Supermantitle
`Superman‘ The Man of Steetwas launched In t99l , running until 2003, while the guarterly book Superman‘ The Man of Tomorrow ran from
`‘l99E to 1999 In 2003 Superman/Batman was launched as well as the Superman‘ Brrthrrght limited series, with Aft Star Superman launched
`in 2005 and Superman Cohfrdentrafin 2005 (this title was cancelled in 2000) He also appeared in the TV animated series—based comic
`book tie-ins .S‘u;JermanAdventure.s 0995-2002), Juatrce r'_eagueAc‘ventures, Justrce League Unfrmrted (canceled In 2000) and The Legron
`of Super—Heroes rn The 3151 Century (canceled in 2000)
`cdiieiit diiguiiig pddiidstidiis that restdie sdpeiiiidii dii a iegdidi basis at! supsmisii, Ai.iruii cumros, supsmisri/ssriiisii siid duo.-rice
`League ofAmerrca The character otten appears as a guest star In other series and is usually a pivotal figure In DC crossover events
`Influences
`An influence on early Superman stories is the context ofthe Great Depression The lefi-leaning perspective of creators Shuster and Siegel
`is reflected in early storylines. Superman took on the role ofsocial activist, fighting crooked businessmen and politicians and demolishing
`run-down tenements W] This is seen by comics scholar Roger Sabin as a reflection of “the liberal Idealism ofFranklIn Roosevelt's New
`Deal", with Shuster and Siegel Initially portraying Superman as champion to a variety otsocial causes l35l
`in later Superman radio programs
`the character continued to take on such issues, tackling a version ofthe KKK in a l94E broadcast l3Ell37l Siegel and Shuster‘s status as
`children ofJewIsh immigrants is also thought to have influenced theirwork Timothy Aaron Pevey has argued that they crafted "an
`immigrant figure whose desire was to fit Into American culture as an American", something which Peyey feels taps Into an important aspect
`[35]
`ofAmerican identity
`Siegel himselfnoted that the mythic heroes in the traditions ofmany cultures bore an intluence on the character, including Hercules and
`Samson [5] The character has also been seen by Scott Bukatman to be “a worthy successorto Lindberg ..
`(and) also ..
`like Babe Ruth“,
`siid l5 also I'epI'e5eI'ItatiVe ofthe United States dsdiootioii to "pi'OgI'e55 and riie ‘iisw“‘ tiiiougii l'Ii5 “iiwuiiiei-stile body .. on Wl'IlCl'\ iiisroiy ooiiiiot be iiisoiibed."l39l ruiiiiei-, given that
`Siegel and Shusterwere noted fans otpulp science fiEtl0t’l,ll2l it has been suggested that another inlluence may have been Hugo Danner Dannerwas the main character ofthe ‘l930
`novel Gtadiatorby Philip Wylie, and is possessed ofthe same powers ofthe early Supermanlaol
`Comics creator and historian Jim Steranko has cited the pulp hero Doc Savage as another likely source ofinspiration, noting similarities between Shuster's initial art and contemporary
`advertisements for Doc Savage “initially, Superman was a variation ofpulp heavyweight Doc Savage“ ml Steranko argued that the pulps played a mayor part In shaping the initial
`concept “Siege|‘s Superman concept embodied and amalgamated three separate and distinct themes the visitor from another planet, the superhuman being and the dual identity He
`composed the Superman charisma by exploiting all three elements, and all three contributed egually to the eventual success ofthe strip His inspiration, of course, came from the
`science fiction pUl[JSll,lll1lldEt'lIlfy'lt'i\:.] another pulp likely to have influenced the pair as being "John W Campbe|l‘s Aarn Munro stories about a descendant ofearthmen raised on the
`planet Jupiterwho, because ofthe planets dense gravity, is a mental and physical superman on Earth “ml
`Because Siegel and Shusterwere both Jewish, some religious commentators arid pop-culture scholars such as Rabbi Simcha Weinstein and British novelist Howard Jacobson
`suggest that Superman's creation was partly intluenced by Moses,l'l2ll'l3l and otherJewish elements Superman's Kryptonian name, "Kai-El", resembles the Hebrew words ‘M-‘rp,
`which can be taken to mean "voice otGod“ l'l4ll'l5l The sufflrr "el", meaning "(ot) God“l'l5l is also found in the name otangels (e g Gabriel, Ariel), who are llying humanoid agents of
`good with superhuman powers Jewish legends ofthe Golem have been cited as worthy ofcomparison,l'l7l a Golem being a mythical being created to protect and senre the persecuted
`Jews oftEth century Prague and later revived In popular culture in reference to their suffering at the hands ofthe Nazis in Europe during the ‘l930s and l940s Superman is often seen
`as being an analogy ffll Jesus, being a saviour of iidiiisiiiiy l35ll“3ll“7ll“3l
`Whilst the term Superman was initially coined by Friedrich Nietzsche, It is unclear how Influential Nietzsche and his ideals were to Siegel and Shusterllsl Les Daniels has speculated
`that "Siege| picked up the term from other science fiction writers who had casually employed it", further noting that "his concept is remembered by hundreds ofmillions who may
`barely know who Nietzsche is "[5] Others argue that Siegel and Shuster "could not have been unaware of an idea that would dominate Hitler's National Socialism The concept was
`certainly well discussed "lngl Yet Jacobson and others point out that in many ways Superman and the Ubermensch are polar opposites lul Nietzsche envisioned the Ubermensch as a
`
`Superman's Urisiriisrelrnosirlediri The
`Man orsreerixi (July 1 see), written and
`drawn by John Etyrrre
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`-r-superman“/a22&cd:1&h|:en&ct:clnk&g|:us&source:vvww go_oi:ile.com
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`certainty wen ereeessee
`re. eacuueutr arre utiisict perm uut ma. lll many ways uupetrrtarr artu me uuslliizli-1I.II ate putar eppusttes
`man who had transcended the limitations olsociety, religion, and conventional morality while still being fundamentally human Superman, although an alien gilted with incredible
`powers, chooses to honor human moral codes and social mores Nietzsche envisioned the perfect man as being beyond moral codes, Siegel and Shuster envisioned the perfect man
`as holding himselfto a higher standard ofadherence to them ED]
`Siegel and Shuster have themselves discussed a number ofinfiuences that impacted upon the character Both were avid readers, and their mutual love of science fiction helped to
`drive theirfriendship Siegel cited John Carter stories as an influence “Carterwas able to leap great distances because the planet Mars was smallerthat the planet Earth, and he had
`great strength lvisualized the planet Krypton as a huge planet, much largerthan Earth“ [22] The pairwere also avid collectors ofcomic strips in their youth, cutting them from the
`newspaper, with Winsor Mcl<ay‘s Uttfe Nemo firing their imagination with its sense offantasy.[51] Shuster has remarked on the ar1ists which played an important par1 in the
`development of his own style, whilst also noting a larger infiuence "Alex Raymond and Surrre Hogarth were my idols — also Milt Caniff, Hal Foster, and Floy Crane But the movies
`were the greatest influence on our imagination especially the films ofDoug|as Fairbanks Senior "[521 Fairbanks‘ role as Robrn Hoodwas certainly an inspiration, as Shuster admitted
`to basing Superman‘s stance upon scenes from the movie [53] The movies also influenced the storytelling and page layouts,[54] whilst the city oflv1etropolis was named in honor ofthe
`Fritz Lang motion picture ofthe same IlIlE.[22]
`
`
`As part ofthe deal which saw Superman published in Actron Comrcs, Siegel and Shuster sold the rights to the company in return for $130 and a contract to supply the publisherwith
`material [5155] The Saturday Evening Post reported in 19:10 that the pairwas each being paid $75,000 a year, a fraction ofNational Comics Publications‘ millions in Superman profits
`[571 Siegel and Shuster renegotiated their deal, but bad blood lingered and in 1947 Siegel and Shuster sued fortheir1939 contract to be made void and the re—establishment oftheir
`ownership ofthe intellectual property rights to Superman The pair also sued National in the same year overthe rights to Superboy, which they claimed was a separate creation that
`National had published without authorization National immediately fired them and took their byline offthe stories, prompting a legal battle that ended in 19:10, when a New York court
`ruled that the teas conlracl should be upheld However, e ruling from Justice J Addison Voting awarded them the righls to Superboy A month afterlhe Superboyyuclgmenl the two
`sides agreed on a settlement National paid Siegel and Shuster $94,000 forthe rights to Superboy The pair also acknowledged in writing the company‘s ownership ofSuperman,
`attesting that they held rights for “all otherforms ofreproduction and presentation, whether new in existence orthat may hereafter be created“,[53] but DC refused to re-hire them [59]
`ln19?3 Siegel and Shuster again launched a suit claiming ownership of Superman, this time basing the claim on the Copyright Act of1909
`which saw copyright granted for28 years but allowed for a renewal ofan extra 28 years Their argument was that they had granted DC the
`copyright for only 20 years The pair again lost this battle, both in a district court ruling of October 10, 1973 and an appeal court ruling of
`December 5, 1974 l5”llE11
`ln1975 afler news reports oftheir pauper-like existences, Warner Communications gave Siegel and Shuster lifetime pensions of $20,000 per
`year and health care benefits Jay Emmett, then executive vice president ofWarner Eros ,was guoted in the New York Times as stating,
`“There is no legal obligation, but I sure reei there is a meter obligation on our part "[571 Heidi MacDonald, writing for Pu/ttfishefs Weekly, noted
`that in addition to this pension "Warner agreed that Siegel and Shusterwould henceforth be credited as creators of Superman on all comics,
`ll [as]
`TV shows and films
`The year aflerthis settlement, 1975, the copyright term was extended again, this time for another 19 years for a total of75 years However, this
`time a clause was inserted into the extension to allow authors to reclaim theirwork, reflecting the arguments Siegel and Shuster had made in
`l973 The new act took efi'ect in i970 and allowed a reclamation window in a period based on the previous copyright term of5E years This meant the copyright on Superman could be
`reclaimed between 1994 to 1999, based on the initial publication date of1930 Jerry Siegel having died in January 1995, his wife and daughterfiled a copyright termination notice in
`1999. Although Joe Shuster died in July 1992, no termination was filed at this time by his estate [52]
`ln 1998, the copyright was extended again with the Sonny Bone Copyright Term Extension Act This time the copyright term was extended to 95 years with a further window for
`reclamation introduced In January 2004 Mark Peary, nephew and legal heirto Joe Shuster‘s estate, filed notice ofhis intent to reclaim Shuster's halfofthe copyright, the termination
`effective in 2013 [B2] The status of Siegels share ofthe copyright is nowthe subject ofa legal battle Warner Bros and the Siegels entered into discussions on howto resolve the
`issues raised by the termination notice, but these discussions were set aside by the Siegels and in October2004 they filed suit alleging copyright infringement on the pan ofWarner
`Elros Warner Bros. countersued, alleging that the termination notice contains defects, among other arguments [53154] On March 25, 2000, Judge Larson ofthe United States District
`Court forthe Central District of California ruled that Siegel's estate was entitled to claim a share in the United States copyright The ruling does not affect the International rights, which
`Time Warner holds on the characterthrough DC issues regarding the amount ofmonies owed Siegel's estate and whetherthe claim the estate has extends to derivative works such
`as movie versions will be settled at trial, although any compensation would only be owed from works published since 1999. Time Warner offered no statement on the ruling but do have
`the right to challenge it [55155] The case is currently scheduled to be heard in a California federal court in May, 2000 [S7]
`A similartermination-of-copyright notice filed in 2002 by Siege|‘s wife and daughter concerning the Superboy characterwas ruled on in theirfavor on March 23, 2000 [53] However, on
`July 27, 2007, the same court issued a ruling[59] reversing the March 23, 2008 ruling This ruling is currently subyect to a legal challenge from Time Warner, with the case as yet
`
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