Rockstar Sports Nutrition is a Wyoming company that sells dietary supplements, that specialises in an entire line marketing towards women, using brand names such as ‘Super Gal’, ‘Happy Gal’, ‘Skinny Gal’ and the like.
And while the first of them might have caused palpitations at Warner Bros, it’s the company’s decision to apply to register the trademark for the word ‘Supergirl’ for ‘Dietary and nutritional supplements’ that triggered a response.
And unsurprisingly, Leo Kittay of New York legal firm Fross Zelnick Lehrman & Zissu has started legal proceedings, with discovery opening in November and a trial date set for 2019.
Supergirl first appeared in Action Comics #252 in May 1959 and was created by Otto Binder and Al Plastino. Made into a Warner Bros film in the eighties, she’s more recently gained more fame as a CW TV show. Her most recent comic book series is published tomorrow. Warner Bros has maintained the Supergirl trademark for many years now.
They will likely argue trademark confusion in the marketplace, unless Rockstar can argue that confusion is unlikely due to their strong branding. Any settlement might see Rockstar forced to take down their Super Gal branding as well…
And a few of its friends…