Lex Luthor’s new business venture is off to a bumpy start. DC Comics is opposing a California-based fitness center’s trademark application for KRYPTONITE GYM.
In June 2016, Stephan Metz filed a trademark application for his “full service gym, health club and training facility” called the KRYPTONITE GYM. This is an in use trademark but my googling came up with nothing related to the gym. However, there are a bunch of other gym’s using a similar name out there so look out sweaty dudes. Metz’s attorneys should have read this blog before because we have done several stories over how protective DC Comics is over the KRYPTON and KRYPTONITE name. You can see some of these other stories here.
In Greek, krypton roughly translates as “the hidden one” and is a chemical element with symbol Kr and atomic number 36. It is a colorless, odorless, and tasteless noble gas that is found in trace amounts in the atmosphere. Enough science for today. While Superman was first introduced in 1938, it wasn’t until 1943 that the KRYPTON and KYPTONITE trademarks started being used with the Man of Steel. Kryptonite is a fictional material used to weaken Superman’s powers. Over the years, DC Comics has used many variations of the mark including KRYPTO THE SUPERDOG. The mark has become almost as famous as Superman and DC Comics owns several register trademarks for the KRYPTON marks.
In a similar trademark opposition that I have seen several times before, DC Comics argues that due to its extensive use of the KRYPTONITE mark that people would associate the gym with DC Comics. Basically, DC Comics claims that if you went to the Kryptonite Gym to pump some iron you would think it was in some way licensed by or affiliated with DC Comics, when it is not.
The gym has until May to respond to the opposition and the two sides can fight it out or maybe work out some kind of settlement. In the meantime, go pick things up and put them down.