Even smoking is bad for Superman’s health now. DC Comics is opposing a vaping company’s attempt to register a trademark in association with its KYPTONITE VAPOR e-cigarette liquid.

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; Krpyton, however, is a real element. 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 KYRPTON marks.

In October 2014, Ravensmoon Productions filed to register the KRYPTONITE VAPOR word mark and design that can been seen to the right. Ravensmoon filed the mark in a class that covers electronic cigarette refill cartridges. Since 2013, Ravensmoon has distributed the Kryptonite Vapor product from its website (also using the kryptonite trademark in the domain name) and in retail establishments.

On Friday, DC Comics formally opposed registration of the trademark and argues that due to its extensive use of the KRYPTONITE mark that people would associate Ravesmoon’s trademark and product with DC Comics. Basically, DC Comics claims that if you bought Kryptonite Vapor you would think it was a licensed DC Comics product, when it is not.

Much like Superman around krptonite, Ravesmoon commitment to this mark seems to be weakening. While the company is still pursuing the registration and using the domain name containing the mark, there is an announcement on the company’s Instagram account that it is now known as “Ravens Moon Vapor formerly KRYPTONITE VAPOR”. Looks like Ravensmoon is ready to change the name and walk away from this trademark registration and not face Superman’s wrath.

*Want more, you can read about the “Darth Vapor” legal problem here or other e-cig legal disputes here. *

