Superman objected against the application of the trademark “superman workout” by a fitness center. In first instance, the Australian Trade Marks Office found that Superman has not been used for fitness or related services, and therefore, on objection based on the Superman trademark could not be successful.
But then in appeal, Superman showed his supernatural powers. The court discussed the different meanings of Superman and even cited Friedrich Nietzsche’s “Ubermensch”. The judge was of the opinion that the application was done in bad faith. “At the date of application for the trademark, Cheqout’s (the fitness center) conduct fell short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons.”
Source: Sydney Morning Herald
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