This cell phone case would not be Superman’s one of choice. DC Comics has filed a formal opposition to Encased’s attempt to register a trademark for the KRYPTONITE cell phone case claiming that people would confuse it with its fictional superpower-weakening trademark.

I n Greek, krypton roughly translates as “the hidden one” and is a chemical element with symbol Kr and atomic number 36. It is a colorless, odorless, and tasteless noble gas that is found in trace amounts in the atmosphere. Enough science for today. 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. 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.

Encased Products makes cell phone covers and other related devices. In April 2015, Encased filed a trademark to register the mark KRYPTONITE for mobile phone and tablet cases. When most of us here the word “kryptonite” we associate it with something strong, probably why Encased wants to use the mark in association with its products.

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

DC Comics has fought long and hard to protect the trademark of its mythical green substance. You can read some of these battles here, and for example, in 2004, DC Comics sued and was victorious in a trademark infringement action against a bike lock company that was using the mark KRYPTONITE. A Federal judge found in DC Comics favor and held that the KRYPTONITE mark was protectable and owned by DC Comics. A similar ending my defeat this trademark but we will have to see.

