Editing Superhero (section)

=== Ongoing legal debate ===
There is an ongoing debate among legal scholars and in the courts about whether the term "superhero" has become [[genericized]] due to its widespread use in popular culture, similar to terms like "aspirin" or "escalator" which lost their trademark protection and became generic terms for their respective products.<ref>''Central Penn Distilling, Inc. v. Drake's Organic Spirits, Inc.'', 2023 U.S. Dist. LEXIS 4183 (M.D. Pa. 2023)</ref> Some argue the term "SUPER HERO" trademark is at risk of becoming generic.

Courts have noted that determining whether a term has become generic is a highly factual inquiry not suitable for resolution without considering evidence like dictionary definitions, media usage, and consumer surveys.<ref>''Central Penn'', 2023 U.S. Dist. LEXIS 4183, at *15-16</ref> Trademark owners can take steps to prevent [[Trademark erosion|genericide]], such as using the trademark with the generic product name, educating the public, and policing unauthorized uses.<ref>Gilson on Trademarks § 2.02[7][b] (2023)</ref> However, misuse by the public alone does not necessarily cause a trademark to become generic if the primary significance of the term is still to indicate a particular source.<ref>''Elliot v. Google, Inc.'', 860 F.3d 1151, 1156-63 (9th Cir. 2017)</ref>

Some legal experts argue that, like the once-trademarked terms "aspirin" and "yo-yo," the term "superhero" now primarily refers to a general type of character with extraordinary abilities, rather than characters originating from specific publishers.