2002 Comic Book News Archives

DC Comics

March 8, 2002: DC Comics Sues Wella Corp.

Superman Tarnished by Kryptonite Hair Gel - Lawsuit

NEW YORK (Reuters) - The Superman trademark will lose its power if hair-care company Wella Corp. keeps selling its glowing green styling gel under the name Kryptonite, DC Comics alleged in a lawsuit on Wednesday.

Manhattan-based DC Comics, one of the best known publishers of comic magazines, alleged Wella's use of the fictitious radioactive rock on its label is "usurping ... the commercial magnetism of Superman" and tarnishing the Kryptonite trademark.

Because Kryptonite gel appeared with a "TM" symbol the public might think there is an association between the gel and the character, giving Wella an unfair benefit from Superman's fame, the lawsuit alleged.

The suit, filed in Manhattan federal court, seeks unspecified damages and a ruling stopping the Woodland Hills, California, company from using the name of the pretend material on any of its hair-care products. The suit also names Wella Corp.'s parent, Wella AG, as a defendant.

DC Comics says Kryptonite, usually depicted as a glowing green substance, holds a particularly prominent place in the character's myth and is immediately recognized by the public.

"As is undoubtedly well-known throughout the world, DC coined the term Kryptonite to represent an element from Superman's home planet, Krypton," the suit said adding that the word was first used in a 1943 Superman radio episode.

"While Superman is virtually invulnerable and can withstand such things as a hail of bullets, he is helpless in the face of Kryptonite radiation," the suit said.

In addition to using the name and color of Kryptonite, Wella classifies the hair gel as "their hair gel product with the strongest hold," the suit alleged.

It said DC Comics became aware of the product in February and sent a letter of protest to Wella, demanding the company stop making and shipping the product. It alleged Wella refused.

A Wella spokesman could not be reached for comment.



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